# Murray v. Modoc State Bank

> Supreme Court of Kansas · July 3, 1957 · 181 Kan. 642

URL: https://www.frixlaw.com/law-library/cases/9633878

## Case

- **Full name:** Charles Harris Murray, Appellee, v. the Modoc State Bank, a Corporation, Appellant
- **Court:** Supreme Court of Kansas
- **Decided:** July 3, 1957
- **Citations:** 181 Kan. 642; 313 P.2d 304; 1957 Kan. LEXIS 400
- **Precedential status:** Published
- **Opinion:** Dissent by Price
- **Judges:** Schroeder, Price, Parker
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9633878

## Opinion text

Price, J.,
dissenting: In my opinion the decision of the court confuses form and substance. What plaintiff actually is attempting to do is to recover, under the guise of a negligence action, for an assault and battery. Despite the language in which the petition is couched, the real wrong complained of, and the real basis of his action — is the assault and battery. An action to recover for an assault and battery must be brought within one year (G. S. 1949, 60-306, Fourth). This action was brought too late. Defendant’s demurrer should have been sustained. For this reason I respectfully dissent.
■ Parker, C. J., joins in the foregoing dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9633878. Public record. Not legal advice.