Kirwan v. United States National Bank
Court of Appeals of Kansas
Memorandum. — Error from Atchison district court; Robert M. Eaton, judge. Action by E. F. Kirwan and others, partners as Kirwan & Tyler, against The United States National Bank. Judgment for defendant. Plaintiff brings the case to this court.
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Memorandum. — Error from Atchison district court; Robert M. Eaton, judge. Action by E. F. Kirwan and others, partners as Kirwan & Tyler, against The United States National Bank. Judgment for defendant. Plaintiff brings the case to this court. The statement of the case, as made by Gtlkeson, P. J., is as follows : The plaintiffs in error, for some years prior to 1889, and. during the times of the transactions herein complained of, were engaged in the manufacture and selling of fruit-cans in Baltimore, Md. The United States National Bank was at the same time a banking corporation at Atchison,…
1Opinion of the Court
The opinion of the court was delivered by
Gilkeson, P. J. :
The cause of action set forth in the plaintiffs’ petition is for money had and received ; that the defendant bank had collected the draft mentioned, and failed, neglected and refused to turn the proceeds thereof over to them. This is denied by the *691defendant in error as one of its defenses, and as a further defense, it claims that it delivered the car of cans in compliance with the letter accompanying the draft, and if there was any mistake made it was an honest mistake on its part, and it was justified in doing as it did under the…
2Cases cited2 opinions
- Union Pacific Railway Co. v. YoungSupreme Court of Kansas · 1871
- Mushrush v. ZarkerSupreme Court of Kansas · 1892
3Cited by1 opinion
- German American National Bank v. ThomsonCourt of Appeals of Kansas · 1896