Knobelock v. Germania Savings Bank

Citations

• 50 S.C. 259
• 27 S.E. 962
• 1897 S.C. LEXIS 47

Syllabus

<p>1. Issues — Practice'—Equity.—In issues submitted out of chancery, the findings of fact by the jury are final, unless set aside by Judge.</p> <p>2. Ibid. — Exceptions.—Where findings of fact by a jury upon issues are not set aside, exceptions that the Judge did not find facts inconsistent with such findings are untenable.</p> <p>8. Charge — Principad and Agent — Banks.—This request is defective, because it did not distinguish between acts of the agent in his official capacity for the bank and as a depositor of the bank.</p> <p>4. Principad and Agent — Banks—Trustee.—If an officer of a bank, having money on deposit there as trustee, acts ostensibly in the capacity of trustee, but secretly for himself, he did not in such transaction represent the bank.</p> <p>5. Charge. — A Judge is not bound to charge an ambiguous request, or one inapplicable to the facts of the case.</p> <p>6. Ibid. — Appead.—The modification of an erroneous request, which frees it from some of its faults, is not reversible error at the instance of the party preferring it, even though as modified it be faulty.</p> <p>7. Principad and Agent — Notice.—Knowledge of an agent while engaged in a fraud for his own benefit, in which the principal is not in any way a participant, cannot be imputed to the principal. Gases considered.</p>