Barber v. Emery

Citations

• 101 Kan. 314
• 167 P. 1044
• 1917 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Partnership — Liability of Each Partner. One who is a partner of a business firm may not escape his liability as such partner merely because he declares that he will not be responsible for the partnership acts, when he does nothing to alter the business conduct of the partnership, and remains a member of the firm, and suffers it to continue the policy to which he objects.</p> <p>2. Banks — Overdrafts—Construction of Statute. Section 3471 of the General Statutes of 1915, which makes it unlawful to draw a check or draft on a bank when the drawer has neither money nor credit in such bank, does not apply to the drawing of an overdraft by a customer ,who has credit at that bank.</p> <p>3. Same — Overdrafts—Not Unlawful to Honor. Section 558 of the General Statutes of 1915, which declares that any officer of a bank who honors an overdraft shall be personally liable to the bank therefor, is a precautionary measure of security for the bank, but it does not render the transaction itself unlawful.</p> <p>4. Trial — Disobedient Witness. Where a trial court has ordered the witnesses to withdraw from the courtroom, a witness who disregards that order may be disciplined by1 the court, but his disobedience to the order does not disqualify him as a witness. (Davenport v. Ogg, 15 Kan. 363.)</p> <p>5. Same — Excluded Evidence. Certain excluded evidence examined and held to be of such slight relevancy to the issue that its exclusion was nonprejudicial.</p> <p>6. Same — Misconduct of Jury. It is error for a jury to consider facts pertinent to the issues volunteered by one of their number in the jury room; but where it is both affirmed and denied by the jurors that such incident occurred the question whether a juror did commit such impropriety must be determined by the trial court, and its finding that the incident did not transpire can not ordinarily be questioned on appeal.</p> <p>7. Same — Instructions. Prejudicial error can not ordinarily be based