Chilson v. Capital Bank of Miami

The opinion of the court was delivered by

Lockett, J.:

Plaintiffs Elmer D. Chilson and his bank, Merchants National Bank of Topeka, Kansas, (Merchants) brought this action against the Capital Bank of Miami, Florida, (Capital) which accepted an unindorsed check drawn by Chilson. The trial court granted summary judgment to Merchants based upon a claim for breach of express written warranty. Capital appealed and the Court of Appeals. reversed the trial court. Chilson v. Capital Bank of Miami, 10 Kan. App. 2d 111, 692 P.2d 406 (1984). Merchants’ petition for review was accepted by this court.

On…