Security National Bank v. McCutcheon

Citations

• 106 Kan. 303
• 187 P. 697
• 1920 Kan. LEXIS 508

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurisdiction — Local Service on One Defendant — Summons on Co-defendants Properly Issued to Another County. Noné of the defendants in a transitory action was a resident of Cowley county, where the suit was brought. One of them entered his voluntary appearance in writing and waived the issuance and service of summons, which, under section 68 of the code, is equivalent to service. Held, that under section 61 of the code, the action being rightly brought in Cowley county, the court had jurisdiction to issue summons for the other defendants to another county.</p> <p>2. Pleading — Motion to Make Definite Properly Overruled. There was no abuse of discretion in overruling a motion to make the petition more definite and certain, where it appeared that the information requested was peculiarly within the knowledge of the defendant.</p> <p>3. Banks and Banking — Liability of National Banks for Negligence. National banks are liable for the negligent loss of property held by them, merely for the accommodation of their customers, without any consideration for the keeping of it, except the profit derived from their customers doing with them their banking business.</p> <p>4. Same — Business Intrusted to Bank Not Ultra Vires — Care Required of Bankers Acting as Agents or Bailees.' A national bank held a deed to real estate in the nature of a mortgage securing an indebtedness due from the mortgagor and subject to two other mortgages. The land was worth more than all the liens and incumbrances. The first mortgage became due before the others, and the parties arranged to have all the mortgages and liens renewed in the order in which they then stood. By agreement of the parties the bank holding the third mortgage prepared the papers and sent them to the defendant, a national bank, at the place where the land was situated, and where the mortgagor lived, with directions to have the papers executed and then recorded so as to preserve the liens as they th