Severy State Bank v. Gragg

Citations

• 98 Kan. 318
• 158 P. 41
• 1916 Kan. LEXIS 76

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — Bank against Customer for Overdraft — Entries in Bank Books — Competent Evidence. In an action by a bank against a customer to recover an alleged overdraft, entries in the books of the bank made in the regular course of business are competent (Civ. Code, § 384) in favor of the bank as prima fade evidence of the condition of defendant’s account, and also to show to whose account checks drawn by him had been paid.</p> <p>2. Same — Evidence of Bank Commissioner — Directions to Bank’s Bookkeeper Competent Evidence. In this action it is held that the defendant suffered no prejudice by the testimony of a deputy bank commissioner to the effect that when he took charge of the bank he found a draft drawn against the defendant which the bank had paid about ninety days previous and had been carrying as a cash item, and that he directed the bookkeeper to charge the draft to defendant’s account, which was done.</p> <p>3. Same — Trial—No Prejudicial Error. Other evidence examined and instructions considered, and held, there was no error authorizing a reversal.</p>