Guernsey v. Davis

Citations

• 67 Kan. 378
• 73 P. 101
• 1903 Kan. LEXIS 261

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Money Had and Received. If an agent of a loan company violate his instructions and misappropriate money sent him for the purpose of closing a loan, the money may be recovered in an action as for money had and received.</p> <p>2. -Limitation of Action. The statute of limitations does not begin to run against such an action until the principal has knowledge of the agent’s wrong.</p> <p>3. -Liability of Participant in Breach. One who actively participates in an agent’s breach of trust, with full knowledge of the agent’s duty, and thereby obtains possession of the principal’s money, which he misappropriates, incurs the same liability to the principal as does the agent.</p> <p>4. -Proof of Specific Direction to Agent. In an action by a principal against his agent for a breach of duty, an allegation of a specific direction to the agent is sufficiently established by showing that the agent’s duty in all cases covered the transaction in suit, and an instruction to the jury hypothesizing a specific direction in the particular case is warranted by such evidence.</p>