Zecha v. Citizens State Bank

The opinion of the court was delivered by

Harvey, J.:

This is an action against a bank for cashing plaintiff’s check without the indorsement of the payee. See the former opinion (117 Kan. 287, 230 Pac. 1058) for the general statement of facts. Upon the former appeal it was reversed largely for the reason that there had been no specific finding that Noll had promised to return the money for the stock purchased by plaintiff. On the trial thereafter the jury answered special questions submitted by plaintiff as follows:

“No. 1. Did the plaintiff, J. R. Zecha, execute a check for 82,000 on October 1,…