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eBook details

• Title: Murray v. Modoc State Bank
• Author : Supreme Court of Kansas
• Release Date : January 03, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The opinion of the court was delivered by This is an appeal from an order of the district court of Scott
County, Kansas, overruling the appellant's (defendant's) demurrer
to appellee's (plaintiff's) petition. The petition in substance alleges that one Donald Breithaupt
was employed as the cashier and managing officer of the
defendant, The Modoc State Bank, a banking corporation at Modoc,
Kansas, on January 1, 1952, and was employed continuously in that
capacity until on and after March 9, 1954; that plaintiff and
Breithaupt had business transactions involving plaintiff and
defendant and also involving plaintiff and Breithaupt; that the
relationship between plaintiff and Breithaupt was strained and
angry; that Breithaupt had threatened bodily harm to the
plaintiff; that once when plaintiff had gone to the defendant
bank to transact business with defendant, Breithaupt had
assaulted him; that the violence and antagonism of Breithaupt
grew so great that plaintiff could not in safety go to the
defendant bank to transact business but was compelled to do so by
mail, all of which facts were known and understood by the
defendant; that plaintiff was indebted to the defendant; that on
or about the 9th day of March, 1954, plaintiff attempted to
transact business with the defendant by mail, particularly the
depositing of checks to his personal account; that Breithaupt
telephonically requested plaintiff to come to the defendant bank
to discuss the transaction with him, but that plaintiff declined
to do so; that thereafter and on the 9th day of March, 1954,
Breithaupt went to plaintiff's home and demanded to see the
plaintiff; that plaintiff went onto the porch of his home to see
Breithaupt; that Breithaupt demanded that plaintiff deposit said
checks as he, Breithaupt, directed and further demanded that
plaintiff execute and deliver to the defendant a property
[181 Kan. 644]

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