109 Kan. 776 | Kan. | 1921
Lead Opinion
The opinion of the court was delivered by
- This is a companion case to The Goodyear Tire & Rubber Company v. The Hanover State Bank et al., which has just been decided. (Ante p.772.) It grows out of the same bank failure and involves a similar question. Here John Kesl
This view requires the holding that the plaintiffs are entitled to payment in full out of the* assets in the hands of the receiver, assuming of course, as seems to be conceded, that there are not enough similar claims to exhaust the fund and require a prorating.
The judgment is affirmed.
Dissenting Opinion
(dissenting) : For reasons indicated in the dissenting opinion in the Goodyear Tire & Rubber Company case I dissent from the first paragraph of the syllabus and the corresponding part of the opinion.