Rambo v. First State Bank

Citations

• 88 Kan. 257
• 128 P. 182
• 1912 Kan. LEXIS 48

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Check—Liability of Drawee—Acceptance in Writing. Under sections 134 and 139 oí the negotiable instruments act (Gen. Stat. 1909, §§ 5380, 5385) the drawee of a bill is not obligated to pay the holder unless and until he accepts the bill, and the acceptance must be in writing and be signed by the drawee.</p> <p>2. - Equity Must Follow Statutory Law. Equity must follow the law in all cases in which the legislature has intervened and prescribed rules of law which govern the rights of the parties.</p> <p>3. - Oral Acceptance by Bank—Equitable Liability. A bank is hot liable on equitable grounds to the holder for the amount of an unaccepted check which it has refused to pay because the holder acquired the cheek on the oral representation of the bank that the drawer had funds on' deposit to meet the check, that the check was good, and that the holder might safely take it in payment for goods sold the drawer.</p>