Girardey v. Girardey

Citations

• 99 Kan. 679

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Verdict and Findings — Verdict According to Voluntary Finding Contravening Instruction — Judgment on Findings Properly Returned— No Error. In an action on. a promissory note the defendant claimed a credit of $2000. The court instructed the jury that if they found stated facts the credit should be allowed. In answer to special questions the jury found the facts necessitating the credit, but voluntarily appended to one -of the answers a statement which presumably they believed justified them in disallowing the credit, and they returned' a verdict for the full amount of the note. The statement concerned a matter not submitted to the jury, and if given effect would contravene the instruction. Held, the district court had authority to allow the credit when rendering judgment, without giving the plaintiff the -option of a new trial.</p> <p>2. Principal and Agent — Agent to Receive Funds — Appropriation of Funds for Services — Payment of Debt to Another — Principal Not Bound. The defendant’s agent to receive certain funds while acting as such agent gave the plaintiff, who was his wife, $2000 of the funds, in payment of a personal debt which the agent owed the plaintiff. The plaintiff, who was cognizant of all the facts, claimed the agent paid himself for services rendered the defendant in connection • with the fund and then paid her. The agent had no' agreement with the defendant respecting compensation, the amount of it, when it should be paid, or how it should be paid. When apprised of what had been done the defendant demanded that the plaintiff give’him credit for $2000. Held, the defendant was entitled to the credit.</p>