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SUTTON CORPORATION v. McMAKEN TRANSFER CO.

No. 38,380

171 Kan. 485 (1951)

233 P.2d 717

O.A. SUTTON CORPORATION, a Corporation, Appellee, v. McMAKEN TRANSFER COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

T.A. Sullivan and R.E. Angle, of Wichita, were on the briefs for the appellant.

Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky and Donald R. Newkirk, all of Wichita, were on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an action for recovery of money wherein appellee seeks to recover from a common carrier in interstate commerce the proceeds of a check deposited with the carrier under conditions hereinafter related.

The pertinent facts disclosed by the pleadings and evidence at the trial and as found by the court may be stated as follows: Plaintiff-appellee, the O.A. Sutton Corporation, ordered certain merchandise...

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