Drovers State Bank v. Elliott

Citations

• 97 Kan. 64
• 154 P. 255
• 1916 Kan. LEXIS 224

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>PROMISSORY Notes — Cross-demand dnd Counterclaim — Statute of Limi- . tations. Where a customer does business with a bank for a period of years, depositing notes, checks, accounts and his own promissory notes, and checking against the same as his business needs require, and the bank keeps the only record of this series of transactions, and the customer makes new notes from time to time as requested by the bank cashier, who made false and fraudulent representations to the customer, upon which he relied, and where the bank charged items against the customer which he had not drawn and failed to credit him with deposits made, the defendant customer in an action by the bank to recover on notes so given may set up a cross-demand and counterclaim and have it used to compensate the bank’s demand “so far as they equal each other,” and the bar of the statute of limitations to such counterclaim is specifically removed by section 102 of the civil code.</p>