Johnson v. Bank of Pasco

Citations

• 78 Wash. 59
• 138 P. 295
• 1914 Wash. LEXIS 980

Syllabus

<p>Money Paid — Action — Complaint — Sufficiency. A complaint states a cause of action for money had and received, where it shows that the defendant’s cashier sold to the plaintiff certain stock represented to belong to the defendant, in consideration of plaintiff’s note to the bank for $1,600, which he afterwards paid, demanding delivery of the stock that had been retained as security, and that the defendant received the $1,600 from the plaintiff, for which it parted with nothing, and refused to deliver the stock.</p> <p>Banks and Banking — Representation—Officers — Authority— Instructions. A cashier and general manager of a bank has implied power to dispose of corporate stock owned by the bank in order to convert it into interest bearing securities; and it is not error, therefore, to instruct on that subject that his powers may be inferred from the general manner in which he is allowed to conduct the business of the bank.</p> <p>Appeal — Review—Harmless Error — Instructions. In an action for money had and received by a bank, in which the defense was that the transaction was a personal one with the cashier in which the bank was not interested, an instruction that the bank would be liable for money had and received from the plaintiff for which it gave no consideration, is not prejudicially erroneous, when by other instructions the issue on the defense of a personal contract with the cashier was fully submitted.</p> <p>New Trial — Newly Discovered Evidence — Discretion. It is not an abuse of discretion to refuse a new trial for newly discovered evidence that is cumulative, or could have been discovered prior to the trial by the use of diligence, and the affidavits were in sharp conflict.</p>