Farmers State Bank v. Brenneke

OPINION ON REHEARING.

The opinion of the court was delivered by

Marshall, J.:

The former opinion in this action is reported in 118 Kan. 251. A rehearing was granted and the cause has again been presented for review.

The application for a rehearing set out that the petition in the action alleged that the stock, for the purchase of which the notes sued on were given, was sold in violation of law, in that the stock was speculative in its nature and no permit to sell it had been granted by the charter board of the state of Kansas. The application further set out that the allegation was proved by the…