Linscott State Bank v. Fidelity & Deposit Co.

Citations

• 94 Kan. 30
• 145 P. 868
• 1915 Kan. LEXIS 38

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Judgment — Against Joint Tort-feasors — Judgment Paid by One-Party — Not Entitled to Recover Dividend Paid by Insolvent Estate of Joint Tort-feasor. An officer oí a grand lodge died a defaulter and his administratrix paid a twenty-five per cent dividend on the amount of the defalcation. A bank was found to have knowingly permitted such officer to pay to it his individual debt with grand lodge funds and was thereby held jointly liable with the estate for the amount of such payment, and paid a judgment recovered therefor by the creditor, such judgment being paid after the dividend had been paid. Thereafter the bank sued the creditor to recover twenty-five per cent of such judgment on the theory that the estate having paid such per cent thereof the creditor could be compelled to account therefor to the bank. Held, that the creditor had a right to look to the bank for the amount of the judgment and to the estate for the remainder of the defalcation, and that the bank can not require the dividend to be applied to its portion of the joint liability.</p>