State Ex Rel. Cole v. Trimble

The record which the writ brings here is that of the Kansas City Court of Appeals in W.J. Howey Co., a corporation, v. A.B. Cole, Deputy Commissioner of Finance, and McGirk State Bank, in an action on a certificate of deposit issued by the cashier of the McGirk State Bank. The trial court sustained a demurrer to the evidence, and W.J. Howey Co. appealed. The Court of Appeals reversed the judgment and remanded the cause. Relators in this proceeding contend that court's opinion conflicts with certain decisions of this court.

In its opinion the Court of Appeals stated the record showed that the…