Legal Opinion · Dissent

Dugan v. First Nat'l Bank in Wichita

Supreme Court of Kansas

Decided February 7, 1980No. 49,827Published

1DissentHerd, J.

I dissent from the result reached by the court but concur that the relationship of the Bank and Bledsoe to plaintiff is not that of a fiduciary. I also concur that there is consideration supporting the $275,000.00 subordination agreement and that the funds were properly expended thereunder, but, neither the facts nor the law support the remainder of the opinion.

It is essential in analyzing this case to examine the relationship of the parties and the background of each.

The majority opinion is helpful in this endeavor when it holds there are no fiduciary relationships existing between plaintiff…

2Cases cited1 opinion

  1. G. Credit Co. v. Mid-West Land Development, Inc.Supreme Court of Kansas · 1971

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