Hier v. Miller

Citations

• 68 Kan. 258
• 75 P. 77
• 63 L.R.A. 952
• 1904 Kan. LEXIS 97

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Banks and Banking — Payment of Personal Debts by Cashier. The cashier of a bank organized under the laws of this state has no implied authority to pay his individual debt by entering the amount of it as a credit upon the pass-book of his creditor,” who keeps an account with the bank, and permitting the creditor to exhaust such account by checks which are paid, the bank having received nothing of value in the transaction.</p> <p>2. - Bank May Recover from Creditor. If the cashier of a bank, without actual authority so to do, undertakes to pay his individual debts in the manner stated, the bank may rec'over of his creditor the amount of money paid on checks drawn upon the faith of the unauthorized pass-book entries.</p> <p>3. -Notice Imputed to Creditor. The fact that the cashier is personally interested in a transaction of the character described is sufficient to put his creditor upon inquiry as to the actual extent of the former’s power.</p>