Sparks v. Guaranty State Bank

The opinion of the court was delivered by

Wertz, J.:

This was an action to recover the amoúnt of two checks, payable to plaintiff (appellee) and drawn on defendant bank (appellant), which were protested by the bank and never paid. The case was here previously in Sparks v. Guaranty State Bank, 179 Kan. 236, 293 P. 2d 1017, which was an appeal by the defendant from an order overruling its demurrer to plaintiffs petition. We affirmed that ruling.

Our opinion summarized the pertinent allegations of the petition and they will not be repeated.

Plaintiff’s theory of recovery was that upon his inquiry of…