Cobe v. Coughlin Hardware Co.

Citations

• 83 Kan. 522
• 112 P. 115
• 1910 Kan. LEXIS 576

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Judgment. Ordinarily a judgment on the pleadings in favor of the plaintiff can not he ordered in a case where issue is joined upon a general denial and other defenses, unless the general denial is overthrown by other statements in the answer.</p> <p>■2. Evidence — Weight and Credibility — Testimony Not Directly Contradicted. A court or jury is not required to believe a witness or accept his statements as conclusive merely because there is no direct evidence contradicting his statements.</p> <p>S. Practice, Supreme Court — Right to Review — Exceptions to Rulings. The code of 1909 dispenses with the necessity of taking or saving exceptions to rulings of the trial court. A party is now entitled to have all rulings, including the giving and refusal of instructions, reviewed on appeal without notifying the court that he intends to have the ruling reviewed or preserving an exception to the ruling.</p> <p>4. Instructons — Issue Raised and Abandoned. Ordinarily a court is not warranted in submitting to a jury by instructions an issue raised by a pleading which is abandoned by1 the party pleading it, and in support of which no testimony is presented.</p> <p>5. Banks — Authority of Officers — Use of Funds to Pay Individual Debts. Neither the cashier of a national bank nor a member of the discount board who owns a majority of the stock, nor the two conspiring together, can by any device or fraud give away the funds of the bank nor use them to pay the individual debts of either.</p> <p>>6. -• Liability of One Receiving Funds of Bank, without Consideration, in Payment of Officer’s Debt. If these officers connive together to pay the debt of the stockholder to his creditor by the entry of credits in the books of the bank in favor of such creditor, based on fictitious notes, and the amount of the credits is cheeked out by the creditor without anyone having made a deposit in the bank to justify the entry of the credits and without the