Washbon v. State Bank of Holton

Citations

• 86 Kan. 468
• 121 P. 515
• 1912 Kan. LEXIS 320

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — When Question Not Reviewable. Certain evidence was admitted over the objection of plaintiffs. No complaint of the ruling was made in the motion for a new trial. Held, that the question can not be raised in this court.</p> <p>2. - Transcript — Evidence—Documents—When Part of the Record. When there is complaint by one party that the abstract or transcript does not contain certain material and important evidence, and such evidence is contained in documents which were marked and certain portions offered in evidence and such documents filed with the clerk of the trial court, thereby making the admitted portions a part of the record under section 575 of the civil code, this court may, under section 576, direct the forwarding of such documents for examination, and may properly examine them when voluntarily forwarded at the instance of the other party..</p> <p>S. Agency — Allegations of “Appointment or Authority” — Statute Construed. “Appointment or authority” as used in section 110 of the civil code means a right to act for another, and an allegation to the effect that one has full right, power and authority to act for himself is not taken as true when not denied under oath.</p> <p>4. Deposits — Application by Depositor. Directions by a depositor as to how a certain deposit shall be credited, when a part of the transaction or accompanying it, may be shown by the banker, after the decease of the depositor. But” such • directions given after the credit has been made, and given for the purpose of changing a credit theretofore properly made, may not thus be shown.</p> <p>5. TRUST Funds — Election of Remedies — Filing Claim in Probate Court — No Estoppel. The grand treasurer of a fraternal order kept his official account in a bank which bank is charged by the order with diverting a portion of its funds on deposit to the payment of a private debt of the grand treasurer. The order had already filed with the probate court a claim agains