Jones v. Citizens State Bank

Citations

• 103 Kan. 297
• 173 P. 977
• 1918 Kan. LEXIS 250

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — On Certificate of Deposit — Oral Promise Set up in. Defense— Within Statute of Frauds. In an action against a bank to recover upon a certificate of deposit, testimony of oral promises alleged to have been made to the bank by plaintiff authorizing the money represented by the certificate to be held as collaterial security for promissory notes given to the bank by her husband and others is held incompetent under the statute of frauds.</p> <p>'2. Same — Provisions of-Statute of Frauds — Apply to Claims Set tip by Defendant. The provision of the statute of frauds which prohibits the bringing of an action upon a promise to answei? for the debt, default or miscarriage of another, unless in writing, applies with equal force to a defendant; and a verbal contract which is within the statute cannot be enforced indirectly as a defense to a demand otherwise legal and just.</p> <p>'3. Same — The fact that plaintiff was a stockholder in the corporation to which the bank loaned the money represented by the notes did not make her liable upon the notes, nór constitute a defense to her action upon the certificate of deposit.</p>