Cairo Coop. Exchange v. First Nat'l Bank of Cunningham
Cases that cite this one
9 later published cases cite this decision.
- Mid-American Clean Water Systems, Inc. v. First Savings Bank (In re Mid-American Clean Water Systems, Inc.) (United States Bankruptcy Court, D. Kansas 1993)
- WISNER ELEVATOR CO. v. Richland State Bank (La. Ct. App. 2003)
- State v. Bloom (Kan. 2002)
- Appleton v. First National Bank Of Ohio (1st Cir. 1995)
- Zenda Grain & Supply Co. v. Farmland Industries, Inc. (Kan. Ct. App. 1995)
- Appleton v. First National Bank of Ohio (6th Cir. 1995)
- Society National Bank v. Security Federal Savings & Loan (Ohio 1994)
- Society Natl. Bank v. Security Fed. S.& L. (Ohio 1994)
- Chilson v. Capital Bank of Miami (Kan. Ct. App. 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The opinion of the court was delivered by
Appellee, The First National Bank of Cunningham, filed a motion for rehearing which we have considered and find it should be denied and the opinion clarified as to the amount of judgment to be awarded to Cairo Cooperative Exchange and modified as to prejudgment interest.
We held Cairo had proven a case of conversion and breach of express contract. The statutes of limitations for those two actions are two and five years respectively, K.S.A. 60-513 and 60-511. The judgment to Cairo is limited to the amount of those checks with restrictive indorsements honored by the bank within five years prior to filing the action and the award of prejudgment interest is reduced to the statutory amount of 6% per annum from the date of wrongful payment.
We adhere to the original opinion except as herein modified.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.