Security National Bank v. McCutchan

Citations

• 111 Kan. 682
• 208 P. 636
• 1922 Kan. LEXIS 321

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bailment — Negligence of Bailee — Liability for Damages. One who undertakes a bailment is bound to that degree of care and skill which the nature of the employment and the peculiar circumstances of the particular case require, and where the bailee fails to use such care in following the instructions given to him as to property or papers entrusted to him by reason of which a loss results, he is liable for such loss.</p> <p>2. Same — Amendment to Petition. No error was committed in allowing plaintiff to amend its petition so as to set out a true copy of a note involved in the action where the copy originally attached was incorrect.</p> <p>3. Same — Evidence—Deed Intended as a Mortgage. Evidence tending to show that a deed was intended as a mortgage was properly received.</p> <p>4. Same — Letters as Evidence. The admission of certain letters relating to the dealings between the parties is held not to have been material error.</p> <p>5. Same — Competent Witness to Value of Real Estate. One who had knowledge of sales of land in the vicinity of the tract in question, had taken mortgages on them, had carefully inspected the land under consideration, and has such acquaintance with property as enables him to form an intelligent estimate of its value, is held to have such knowledge and experience as entitled his opinion to go to the jury.</p> <p>6. Same — Evidence—Findings. The evidence is held to be sufficient to uphold the findings and judgment.</p> <p>7. Same — Comments of Court — No Error. Certain comments of the court in the progress of the trial are not considered to be material error.</p> <p>8. Same — Instructions—Classification of Degrees of Negligence. It was not essential that the court in its instructions should make a classification of negligence into throe degrees, but it was enough to instruct that the defendant should have used the care and skill that a reasonably prudent person would have used under the directions given by p