Citizens' Bank of Garnett v. Bowen
Supreme Court of Kansas
Error from Anderson District Court. Action brought by Constance Bowen against the Citizens’ Bank of Garnett and another, to recover money which the plaintiff alleged had been deposited with the bank to her credit and subject to her call. The facts appear in 21 Kas. 360-364, and in the subjoined opinion. Trial at the March Term, 1880, of the district court, and judgment for the plaintiff. The defendant brings the case here..
1Opinion of the Court
The opinion of the court was delivered by
HoetoN, C. J.:
This case was before this court at the July term, 1878, (21 Kas. 354,) and remanded for a new trial. The plaintiff below by an amended reply among other matters alleged, that as the consideration to her to execute the mortgage on her homestead to procure the loan, a parol contract was entered into between Preston Bowen, her husband, and herself, that she should receive the money so procured as hers absolutely, in order to protect her homestead against the mortgage, and that only the net profits arising from the investment of the money…
2Cases cited3 opinions
- Educational Ass'n of Christian Churches v. HitchcockSupreme Court of Kansas · 1866
- Sproul v. Atchison National BankSupreme Court of Kansas · 1879
- Citizens' Bank v. BowenSupreme Court of Arkansas · 1878
3Cited by8 opinions
- Kershaw v. WilleySupreme Court of Oklahoma · 1908
- Southern Kansas Railway Co. v. ShowalterSupreme Court of Kansas · 1897
- Mills v. MillsSupreme Court of Kansas · 1888
- Printing Industry v. BanksOregon Supreme Court · 1935
- Fall v. TuckerSupreme Court of Kansas · 1923
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