Printable Format84-3-119. Notice of right to defend action. In an action for breach of an obligation for which a third person is answerable over pursuant to this article or article 4, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (a) that the person notified may come in and defend and (b) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
History: L. 1991, ch. 296, § 19; February 1, 1992.
KANSAS COMMENT, 1996
The section is the same as the 1995 Official Text. The section is a reformulation of the former 84-3-803. Historical case and statutory references may be obtained from the 1965 or 1983 bound Volume 7 of the Kansas Statutes Annotated. The section allows a single suit to settle many individual contests where there are common determinations of fact, such as forged indorsements early in the chain of title to an instrument.
Revisor's Note:
Former section 84-3-119 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.