State Ex Rel. Stephan v. Brotherhood Bank & Trust Co.

Parks, J.:

This action was brought by the attorney general, on behalf of the State of Kansas, against the defendant Brotherhood Bank and Trust Co. (Bank), for violations of the Kansas Consumer Protection Act (KCPA). Defendant’s motion to dismiss for failure to state a claim upon which relief may be granted was denied; however, the action was dismissed by the trial court as barred by the statute of limitations. Plaintiff appeals the dismissal and defendant cross-appeals the court’s refusal to sustain its other ground for dismissal.

In June 1975, Mr. and Mrs. Matthew Skradski signed a promissory…