People's National Bank v. Myers

Citations

• 65 Kan. 122
• 69 P. 164

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ownership op Money — Knowledge of Recipient — Retention and Application on Debt. One who through the design or misdirection of another receives money, which he knows belongs to a third person, cannot retain it for application on his own debt, due from the one who gave it to him.</p> <p>2. Pleadins and Proof — Immaterial Variance. A departure from the pleadings in those mere incidents of evidence which are not inherent in the substantive issues of the case, and which has not actually misled the adverse party to his prejudice, does not constitute a variance between the allegations and the proof.</p>