Hess v. Kismet State Bank

Citations

• 106 Kan. 701
• 189 P. 919
• 1920 Kan. LEXIS 635

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bank Cashier — Presumptions as to His Qualifications. One who has been regularly selected to act as cashier of a state bank by the board of directors and who discharges the duties of cashier is presumed to be the holder of the number of shares of stock of the bank provided by section 522 of the General Statutes of 1915.</p> <p>2. Same — Plaintiff Properly Selected as Bank Cashier. No formal election is necessary to entitle one to hold the office of cashier of a state bank, and the statute contemplates that the selection shall be for one year. Where one has been already formally elected for a year and at the regular meeting of the directors a resolution is adopted fixing his salary for another year and he is permitted to enter upon and discharge the duties of the office, there has been a sufficient selection.</p> <p>3. Same — Wrongfully Discharged — Entitled to Damages. The cashier of a state bank, claiming that he had been wrongfully discharged as a cashier, sued to recover damages based on the amount of the salary for the balance of the term, alleging that he was able, ready, and offered to continue to perform the duties of the office. Held, that the evidence was sufficient to sustain a judgment in his favor.</p>