Altman v. Phillips County Bank

Citations

• 86 Kan. 930
• 122 P. 874
• 1912 Kan. LEXIS 417

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. ACTION- — Tort—Waiver—Implied Contract. An owner whose property has been converted to the use of another may waive the tort and bring his action on the implied contract for the value of the property taken, and the averments of the petition herein are held to indicate a waiver of the tort by the plaintiffs.</p> <p>2. Bank Deposits — Demand for Payment. While the presentation of a check is the usual method by which a customer' demands the payment of money deposited in a bank, formal demand is not essential to a recovery where the payment is refused on other grounds and the bank denies that it holds any of the depositor's money or that it is indebted to him.</p>