Jumper v. Bank

Citations

• 48 S.C. 430
• 26 S.E. 725
• 1897 S.C. LEXIS 116

Syllabus

<p>1. Severance — WAIVER.—Where an attorney asks the Court in the beginning of a trial to have issues of law and equity severed, and the request is passed over for the present, and is not again renewed, and the Court is requested by same attorney to charge jury, “this is an action at law based on contracts,” he thereby waives his right to insist on severance.</p> <p>2. Agency may be established by circumstances, and the knowledge and acquiescence of the principal by the acts of the agent.</p> <p>3. Evidence' — Fraud.—Where fraud is alleged, conversations had at time of execution of writing are admissible.</p> <p>4. Ibid. — Certificates sued on were properly admitted, because foundation of plaintiff’s case, and because the question for the jury was which bank had issued them?</p> <p>5. Error. — A judgment will not be reversed for harmless error.</p> <p>6. An Exception which does not point out a specific error will not be considered.</p> <p>7. Nonsuit — Jury—Banks.—The Judge could not say which bank issued the certificates, because that was an inference to be drawn from the testimony by the jury.</p> <p>8. Ibid. — Ibid.-—Ibid.—Whether deposits intended to be made in a bank are made at an irregular place is a question for the jury.</p> <p>9. Banks. — The by-laws and resolutions of the defendant bank were properly construed to authorize the president to receive deposits.</p> <p>10. Charge — Banks.'—The request of defendant, as submitted, as to the usage of banks in receiving deposits, was properly refused, because it took away from the jury the question of acquiescence.</p> <p>11. Banks — Nonsuit.—The certificates of deposit, coupled with the other testimony, were properly submitted to the jury to determine the liability of the bank.</p> <p>12. Ibid. — Charge.—Where a depositor gives money to the president of a bank in the bank building, intending to deposit it in the bank, and the president so receives it, he is not required to see that it goes on the books of the bank