Sweet v. Montpelier Savings Bank & Trust Co.

Citations

• 73 Kan. 47
• 84 P. 542
• 1906 Kan. LEXIS 202

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Trust Companies — Misappropriation of Funds Collected— Liability of Managing Officers. When the managing agents of a trust company mingle money collected for another with the current funds of the company, for use in its business, in violation of the express directions of the owner to remit, or knowingly permit their subordinates so to do, and the fund is thereby lost, such agents will be personally liable to the owner therefor, although at the time of such misappropriation it was the intent of such managing agents to account for and return the money to the owner upon demand.</p> <p>2. Evidence — Admissible against One Codefendant — Failure to Limit. Where two or more persons are defendants in the same action, and the plaintiff offers evidence competent as to one and incompetent as to another, and the latter offers an objection, which is overruled and the evidence admitted, and the court omits to limit by proper instructions the application of such evidence to the defendant against whom it properly applies, held, that the overruling of the objection was proper, and the omission to instruct as above stated cannot be deemed material error, when the objecting defendant does not request an instruction making such limitation.</p> <p>3. - Sufficient to Sustain the Verdict. Evidence in this case examined and held to be sufficient to sustain the verdict.</p>