Legal Opinion

Emporia National Bank v. Shotwell

Supreme Court of Kansas

Decided January 15, 1886PublishedCited by 29 opinions

Error from Butler District Court. Action commenced September 8, 1882, by S. L. Shotwell against The Emporia National Bank, to recover $840, with interest.

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Error from Butler District Court. Action commenced September 8, 1882, by S. L. Shotwell against The Emporia National Bank, to recover $840, with interest. On October 1,1883, the plaintiff filed in said cause his amended petition, in words and figures following, to wit, (title of cause and exhibits omitted:) “Now comes said plaintiff, and for a cause of action against said defendant says: “ 1. Defendant is a corporation duly incorporated under the laws of the United States, and doing business as a banking institution in said state. “ 2. Heretofore, to wit, on the 11th day of November, 1881,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The issues formed by the pleadings in this case were submitted to the court, a jury being waived. At the commencement of the trial the National Bank of Emporia *370requested that the court find the facts specifically, aud state its conclusions of law thereon. The bank did not consider the findings of fact first made by the court sufficient upon the questions of law involved in the trial, and therefore asked the court to make additional findings of fact. The court complied with this request. We therefore must consider all of the special…

2Cases cited2 opinions

  1. Kohn v. WatkinsSupreme Court of Kansas · 1882
  2. Maloney v. Clark & Co.Supreme Court of Kansas · 1870

3Cited by29 opinions

  1. Land Title & Trust Co. v. Northwestern National BankSupreme Court of Pennsylvania · 1900
  2. Mercantile National Bank v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1911
  3. Grand Lodge of the Ancient Order of United Workmen v. State BankSupreme Court of Kansas · 1914
  4. Montgomery Garage Co. v. Manufacturers Liability InsuranceSupreme Court of New Jersey · 1920
  5. Citizens' Union National Bank v. TerrellCourt of Appeals of Kentucky (pre-1976) · 1932

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