(DOWNLOAD) "Wichita Frozen Foods v. Union National Bank of Wichita" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Wichita Frozen Foods v. Union National Bank of Wichita
- Author : Supreme Court of Kansas
- Release Date : January 08, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The opinion of the court was delivered by The appellant will be designated as the "bank" and the
appellees as "Frozen Foods" or the "plaintiff." Frozen Foods
commenced this action based upon a breach of an implied contract
to pay nothing out of its checking account except upon its valid
order. The bank has appealed from the district court's order
overruling its demurrer to the plaintiff's petition. Frozen Foods alleged that it was incorporated on October 17,
1958, and that on October 24, 1958, it opened an active checking
account with the bank under the name of Wichita Frozen Foods
Company, Inc., with an initial deposit of $5,000, and submitted
to the bank a resolution of the corporation as to authorized
signatures as required by the bank, and delivered to it a
signature card duly signed, which resolution and signature card
were in the possession of the bank; that for a considerable
period of time prior to October 24, 1958, there existed in the
bank the account of an entity of similar name known as "Wichita
Frozen Foods Company" which firm was either a copartnership or
corporation, the exact status unknown to the plaintiff but well
known to the bank; that the bank knew and had knowledge, and its
bank records so showed, that plaintiff corporation and the
Wichita Frozen Foods Company were separate and distinct firms.
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