Grosse v. Burkholder

Citations

• 112 Kan. 406
• 211 P. 115
• 1922 Kan. LEXIS 459

Syllabus

<p>SYLLABUS BY THE COTJET.</p> <p>1. Banks and Banking — Bank Deposits — To Whom Credit May Be Given. Th@ evidence is held to support findings that money sent to a bank really belonged to the sons of the person to whom it was directed to be credited and that he knew of its being so entered as to be subject to their checks and that they were checking upon it.</p> <p>2. Same — Evidence. Evidence objected to is held to have been admissible or nonprejudicial.</p> <p>3. Same — Money Sent Bank for Deposit — Credit Given to Whom Money ' Really Belonged. Where a bank upon receipt of money with directions to credit it to one person credits it to another, whether or not in an action to recover it, brought by the person to whose credit it was directed to be entered, against the receiver of the bank, it was proper to instruct that proof that it belonged to the person to whom it was actually credited would constitute a complete defense, such an instruction is held not to require a reversal in the present case because of findings that the plaintiff, with knowledge of the facts, acquiesced in the manner in which the entry was made and consented to its being checked out by the person to whose credit it was entered.</p> <p>4. Same — Instructions. Instructions given and refused are held not to have been erroneous.</p> <p>5. Same — Special Findings. Certain special findings are held not to be inconsistent with others or with the general verdict.</p>