Washbon v. Hixon

Citations

• 86 Kan. 406
• 121 P. 518
• 1912 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Trust Fund — Settlement—Confession and Avoidance — Instructions. Plaintiffs sued to recover moneys alleged to have been wrongfully paid to defendant by Albert Sarbach, grand treasurer of the Grand Lodge of Masons of Kansas, out of lodge funds, in discharge of a personal debt which Sarbach was owing to her. .The defendant answered that after she had received the money the grand lodge made a full settlement with Sarbach, in which he accounted to the lodge for all funds due from him as treasurer. The reply was by confession and avoidance, admitting the settlement and alleging that it was procured by the fraudulent misrepresentation of Sar-bach. On the trial no evidence was offered in proof of the matter in avoidance. Held, that the admission of the settlement and accounting is sufficient to sustain a verdict for the defendant.</p>