Abmeyer v. German-American State Bank

Citations

• 103 Kan. 356
• 179 P. 368
• 1918 Kan. LEXIS 264

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>3 Trial — Violation of Instructions by Jury — Duty of Court. It is one of the functions of the court to see that a trial is conducted properly and that verdicts are returned in accordance with its instructions; the court is not bound to receive a verdict based upon an obvious misapprehension of the instructions.</p> <p>2. Sale — Fraudulent Representations* — Special Findings — Judgment. The special findings examined, and held to be. supported by evidence and to ' be sufficient to sustain a judgment for damages for' fraud and deceit in inducing the plaintiff to purchase an interest in a business which was of no value and in which one of the defendants was interested as a partner at the time the representations were made, which fact was concealed from plaintiff. »</p> <p>3. Same — Fraxidulent Representations by President of Bank — Bank Liable. Where false representations are made by the president of a bank to a customer of the bank whereby he is induced to part with his money and purchase an interest in an insolvent business, the knowledge of the president of the bank may be such as to bind the bank, notwithstanding the fact that he acts also in his own interest.</p> <p>4. Same — Fraudulent Transaction — Ratified by Bank. Where, in such a case, part of the proceeds of the fraudulent transaction is received and retained by the bank after it has notice of the fraud, it will be held to have ratified the acts of its president and to be estopped to deny his agency.</p> <p>5. Same — Reduction of Verdict by Court — No Error. It is held, upon the facts' stated in the opinion, that no. prejudice to the” defendants resulted from the action of the trial court, in requiring the plaintiff , to accept the reduced amount of the verdict in order to avoid the granting of a new trial.</p> <p>6. Pleadings — Amendment—Directing Verdict. There was no abuse of discretion in permitting the amendment of plaintiff’s pleadings, nor in refusing to direct a verdi