First Commercial Bank, N.A. v. McGaughey Bros.

I concur with the result reached by the majority. However, I would not rely on First National Bank of Denver v. Caro Construction Co., 211 Kan. 678, 508 P.2d 516 (1973), Swan Savings Bank v. Snyder, 124 Kan. 827, 830, 262 P. 547, 549 (1928), and other sister state case law for the basic premise of law that:

One who desires to borrow money at a bank, or to renew an indebtedness he has there, and who goes to another to get him to sign the note with him in order that he can get the bank to accept it, acts for himself and does not act for the bank.

Instead, I would reverse and remand because of the…