Washbon v. Linscott State Bank
Supreme Court of Kansas
Appeal from Jackson district court. STATEMENT. This suit was brought by the officers of the Most Worshipful Grand Lodge of Ancient, Free and Accepted Masons of Kansas, hereinafter referred to as the grand lodge, against The Linscott State Bank, as the successor of The National Bank of Holton, to recover funds deposited in the bank by Albert Sarbach, grand treasurer of the lodge. The controversy is one of several arising out of Sarbach’s defalcation as grand treasurer.
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Appeal from Jackson district court. STATEMENT. This suit was brought by the officers of the Most Worshipful Grand Lodge of Ancient, Free and Accepted Masons of Kansas, hereinafter referred to as the grand lodge, against The Linscott State Bank, as the successor of The National Bank of Holton, to recover funds deposited in the bank by Albert Sarbach, grand treasurer of the lodge. The controversy is one of several arising out of Sarbach’s defalcation as grand treasurer. Some of the legal propositions are the same as those involved in the recent case of Washbon v. Hixon, ante, p. 310, 124 Pac.…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The appellant makes the claim that the suit is for the conversion of personal property'and is barred by the two-year statute of limitations; and further, that if it be held to be an action for relief on the ground of fraud it is not assignable and therefore can not be maintained by the surety company. But this is not an action in trover to recover the identical moneys converted by appellant to its own use. On the contrary, it is a suit upon an implied contract, waiving the tort. When property of another has been converted there -is always an…
2Cases cited16 opinions
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- Duckett v. National Mechanics' BankCourt of Appeals of Maryland · 1897
- Oddie v. . the Nat. City Bank of New YorkNew York Court of Appeals · 1871
- Bartley v. StateNebraska Supreme Court · 1898
- Gerard v. . McCormickNew York Court of Appeals · 1891
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3Cited by18 opinions
- Federal Reserve Bank v. PetersSupreme Court of Virginia · 1924
- Goodyear Tire & Rubber Co. v. Hanover State BankSupreme Court of Kansas · 1921
- Hamilton v. Empire Gas & Fuel Co.Court of Appeals for the Eighth Circuit · 1924
- Kansas City Title & Trust Co. v. Fourth National BankSupreme Court of Kansas · 1932
- Tuttle v. ShortWyoming Supreme Court · 1930
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