Legal Opinion

First National Bank v. Byrnes

Supreme Court of Kansas

Decided February 10, 1900No. 11,460PublishedCited by 3 opinions

Error from Kingman district court; P. B. Gillett, judge. STATEMENT. This is an action by tbe First National Bank of .Kingman, Kansas, for the delivery and cancelation of six certificates of deposit of $1000 each, payable to the order of John Byrnes, which, it was alleged, were fraudulently obtained, and were the proceeds of money embezzled from the bank by R. L. Hanscome while acting as cashier and teller of the same.

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Error from Kingman district court; P. B. Gillett, judge. STATEMENT. This is an action by tbe First National Bank of .Kingman, Kansas, for the delivery and cancelation of six certificates of deposit of $1000 each, payable to the order of John Byrnes, which, it was alleged, were fraudulently obtained, and were the proceeds of money embezzled from the bank by R. L. Hanscome while acting as cashier and teller of the same. It was alleged and claimed that the defendant Byrnes knew of the misappropriation of the money by Hanscome, and cooperated with him in abstracting the funds of the bank, a…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The record shows beyond controversy the fraud of Hanscome and the embezzlement of the *464money of the bank by him while acting as its cashier and teller, and that a large part of the money embezzled was used in his grain speculations with the W. A. Michael Commission Company. It further appears that the propositions of Hanscome to buy and sell, as well as the money used in the transactions, were forwarded to the commission company through Byrnes. It appears, too, that Byrnes received compensation from the commission company for, his services…

2Cases cited1 opinion

  1. Lamson v. BeardCourt of Appeals for the Seventh Circuit · 1899

3Cited by3 opinions

  1. Kline v. OrebaughSupreme Court of Kansas · 1974
  2. National Surety Co. v. Manhattan Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1919
  3. Hoyt v. Dollar Savings BankAppellate Division of the Supreme Court of the State of New York · 1919

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