(Download) "Leeper v. Schroer" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Leeper v. Schroer
- Author : Supreme Court of Kansas
- Release Date : January 01, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The opinion of the court was delivered by This is an action by Edward E. Leeper against an attorney, Gene E. Schroer, who represented him in a personal injury action, and said attorney's firm arising from the loss of a cashier's check. Also named as a defendant is the First State Bank & Trust Co., the bank issuing the check. The trial court held in favor of the defendants and Leeper appeals. The background facts are essentially undisputed and may be summarized as follows. Leeper was seriously injured in a motorcycle-truck accident in November 1983. Schroer was retained by Leeper to represent him on his claim. The claim was ultimately settled in April 1984 for $77,767.60. Schroer received an insurance draft for the settlement proceeds made out to himself and Leeper. The draft was mailed to Leeper at his Garden City address with instructions to endorse the same and return it to Schroer, whereupon Schroer would send Leeper a check on the firm's trust account for Leeper's share of the settlement. The draft was endorsed by Leeper and mailed to Schroer. Before Schroer could make the disbursement, Leeper telephoned Schroer to advise he wanted his share ($50,100.20) in cash. Schroer advised Leeper that this was a large sum to be carried around in cash; that it was the first such request he had ever received; but that he would check with his bank about the possibility of doing it that way. The Bank (defendant First State Bank & Trust Company) advised Schroer that this would be difficult to arrange, but did not turn down the request. Schroer telephoned Leeper and advised him of the difficulty of a cash transaction and further advised that any cash disbursal by the [241 Kan. 243]
 "Leeper v. Schroer" by Supreme Court of Kansas # eBook PDF Kindle ePub Free){kind=link}