Asher v. Sutton
Supreme Court of Kansas
Error from Douglas District Court. Action commenced February 23,1880, by Mary Sutton, formerly Mary Butt, against H. B. Asher and William Asher, for the wrongful conversion of a safe. Trial January 11, 1881, by the court, a jury being waived.
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Error from Douglas District Court. Action commenced February 23,1880, by Mary Sutton, formerly Mary Butt, against H. B. Asher and William Asher, for the wrongful conversion of a safe. Trial January 11, 1881, by the court, a jury being waived. At the request of the parties, the court made the following findings of fact: “1. That the Exchange bank, of Lawrence, Kansas, was a corporation, duly organized and existing under and by virtue of the laws of the state of Kansas, and doing business in the city of Lawrence; that said bank was the owner and in the possession of one Hall’s burglar-proof…
1Opinion of the Court
The opinion of the court was delivered by
Hokton, C. J.:
The contention is, that neither,the president nor the cashier of a bank organized under the laws of the state has the power, virtute offieii, to sell the safe for a debt of the bank, and therefore that the bill of sale executed October 11th, 1878, by the president and cashier of the Exchange bank of Lawrence, did not transfer the safe of the bank, or any right, title, or interest therein, to the plaintiff below. This position is well taken. Sec. 129, ch. 23, Comp. Laws of 1879, reads:
“The affairs and business of any such association…
2Cases cited8 opinions
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- Bank of United States v. DunnSupreme Court of the United States · 1832
- United States v. City Bank of ColumbusSupreme Court of the United States · 1859
- Bank of the Metropolis v. JonesSupreme Court of the United States · 1834
- First National Bank v. DrakeSupreme Court of Kansas · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hier v. MillerSupreme Court of Kansas · 1904
- Hyde v. LarkinMissouri Court of Appeals · 1889
- Greenawalt v. WilsonSupreme Court of Kansas · 1893
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