State Savings Bank v. Thompson

Citations

• 88 Kan. 461
• 128 P. 1120
• 1913 Kan. LEXIS 366

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — By Agent—Proceeds of Sale Belong to Principal. Where a principal delivers personal property to an agent to sell on commission the proceeds of the sale belong to the principal, subject to the lien of the agent for his commission and other proper charges, and the principal may follow and reclaim the proceeds so long as the identity is not lost.</p> <p>2. -Same. Under the facts of this case the right of the principal was not affected if it be the fact that, the agent used the specific proceeds of the sale and deposited other moneys to make up the amount so used, no superior right having attached thereto before the deposit; such deposit, if substituted for the original proceeds, became impressed with the trust and subject to the same equities.</p>