Epley v. Citizens State Bank

Citations

• 104 Kan. 489
• 180 P. 187
• 1919 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Banking — Cashier Borrowed Money on Deposit from Depositor — Personal Note Accepted — Bank Released from Liability. In an action to recover from a bank a deposit previously made therein, it was found by the jury that the depositor had loaned the money on deposit to the individual who was cashier of the bank, and for which he took the personal note of the cashier, and that he did so with the intention of releasing the bank from liability for the deposit, held, that the testimony supports the findings.</p> <p>2. Same — Bank Not Trustee of Depositors. A bank cannot be regarded as a trustee of a general depositor, but the relation that exists between them is that of debtor and creditor,</p> <p>3. Trial — Instructions. The instructions given in the case are examined and held to be without error.</p> <p>4. Judicial Sale — Equity of Redemption. Whether or not a certain equity of redemption in real estate sold at judicial sale was assets of an estate of a deceased debtor, is held not to be a subject for determination in the present case.</p> <p>5. Same — Jurisdiction of Judge at Chambers to Confirm Judicial Sale. Whether or not an order confirming a judicial sale of property may be made by a judge at chambers, it is held that a party who consents that an order shall be so made is estopped to say that the judge was without authority.</p>