Colony State Bank v. Watson

Citations

• 104 Kan. 3
• 177 P. 544
• 1919 Kan. LEXIS 171

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Wrongful Use of Plaintiff's Money — Findings Conclusive. The issues presented to the jury having been found in favor of the plaintiff on sufficient evidence, the verdict must stand.</p> <p>2. Indemnity Bond — Liability of Surety Company for Indemnity. The ' lien, if any, of the plaintiff bank on the stock of one of the defendants interposed no obstacle to its looking to the surety-bond company for indemnity.</p> <p>3. Same — Notice to Surety of Plaintiff’s Claim for Indemnity. A provision of the bond that notice should be given on becoming aware of any act which might be made the basis of a claim under such bond, held not to preclude the plaintiff from maintaining this action under the circumstances shown by the evidence and stated in the opinion.</p> <p>4. Same — Limitation of •Time to File Claims — Provision Valid. The provision in the bond that no claim,' should be paid unless filed within . six months from its expiration or cancellation constituted a defense to the action against the company.</p> <p>5. Same — Knowledge Not Imputable to Bank. Knowledge which a director of a bank might, but did not, have, touching the account involved herein, did not bind the bank.</p> <p>6. Damages — Verdict Not Excessive. The evidence examined, and found not to justify the claim that the verdict is excessive.</p>