Farmers State Bank v. Friesen

Russell, J.:

The Farmers State Bank of Ingalls, Kansas, (Bank) appeals the district court’s order dismissing its claims against defendants Michael Friesen and Pauline Rains. The order in question was based upon the court’s interpretation of K.S.A. 59-1303. For the reasons set out herein, we reverse.

Although not disputed, the facts are somewhat complex. Prior to October 1986, the Bank had loaned money to Gilbert Rains, Pauline Rains, and Michael Friesen at various times in various amounts. Gilbert and Pauline were husband and wife and Michael *133was Pauline’s son. The Bank and these three…