Scoby v. Witham

The opinion of the court was delivered by

Hopkins, J.:

The action was one to compel payment of a check drawn on the defendant bank in favor of the plaintiff by George E. Witham, a cattle buyer. The same controversy has heretofore been given full consideration by this court. (Scoby v. Bank, 112 Kan. 135, 211 Pac. 110.) The case was reversed and remanded for a new trial because of the admission of incompetent and prejudicial testimony. In reversing it the court said:

“In. the new trial granted, only two questions will need attention. First, if the evidence shows that the proceeds of the sale of…