Key v. Thomas Lyons Co.

The opinion of the court was delivered by

Burch, J.:

The action was one to recover on a bank check. The plaintiff prevailed, and the defendant appeals.

The check was dated November 2,1918, and was signed “The Thomas Lyons Co., by R. F. Lowry.” The petition .alleged Lowry was agent of the defendant, duly authorized to sign and deliver the check. The answer denied agency of Lowry and his authority to sign and deliver the check. Lowry was a broom-corn buyer, residing at Liberal, Kan., who did business on his own account as R. F. Lowry & Co. and as the Liberal Broom Corn Co. The defendant employed…