Wagner v. Mahaffey

The opinion of the court was delivered by

Kaul, J.:

This is an appeal from a summary judgment entered by the trial court in favor of defendant (appellee) in a declaratory judgment action challenging the constitutionality of subsection (d) of K. S. A. 60-2310.

Appellant H. L. Wagner, hereinafter referred to as plaintiff, in his capacity as a bill collector, as he styles himself in his petition, purchased from the receiver of a defunct credit union in Coffeyville a promissory note, payable to the credit union and executed by the defendant, John F. Mahaffey. The note was reduced to judgment by the…