Legal Opinion

First National Bank v. Drake

Supreme Court of Kansas

Decided January 15, 1883PublishedCited by 31 opinions

Error from Bourbon District Court. Action brought by the First National Bank of Fort Scott against C. F. Drake, to recover certain moneys claimed to have been wrongfully appropriated by him while acting as an officer of the plaintiff bank. At the December Term, 1881, of the district court, W. C. W., judge pro tern., presiding, at the close of the plaintiff’s evidence a demurrer thereto was sustained, and judgment entered for defendant.

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Error from Bourbon District Court. Action brought by the First National Bank of Fort Scott against C. F. Drake, to recover certain moneys claimed to have been wrongfully appropriated by him while acting as an officer of the plaintiff bank. At the December Term, 1881, of the district court, W. C. W., judge pro tern., presiding, at the close of the plaintiff’s evidence a demurrer thereto was sustained, and judgment entered for defendant. The plaintiff brings the case to this court. The opinion sufficiently states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action in the district court of Bourbon county, brought by plaintiff in error, plaintiff below, to recover of defendant money claimed to have been wrongfully appropriated by him while acting as officer of said-plaintiff bank. The case was tried by the court, with a jury. At the close of plaintiff’s evidence a demurrer thereto was sustained, and judgment entered in behalf of the defendant; and now the plaintiff brings the record here for review. There are three separate transactions alleged in the petition, and.supported by the…

2Cases cited42 opinions

  1. Bank of United States v. DandridgeSupreme Court of the United States · 1827
  2. Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
  3. MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
  4. Robinson v. SmithNew York Court of Chancery · 1831
  5. Gardner v. . OgdenNew York Court of Appeals · 1860

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3Cited by31 opinions

  1. Cobe v. Coughlin Hardware Co.Supreme Court of Kansas · 1910
  2. Hall v. HendersonSupreme Court of Alabama · 1899
  3. Bassett v. FairchildCalifornia Supreme Court · 1901
  4. Hier v. MillerSupreme Court of Kansas · 1904
  5. Camden Land Co. v. LewisSupreme Judicial Court of Maine · 1905

26 more not listed; retrieve them via the Exa API.

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