Scott, Kerr & Co. v. Smith
Supreme Court of Kansas
This was an action brought in the First District Court for Leavenworth County by the defendant in error to recover a balance alleged to be due from plaintiffs in error, as bankers to him, for money by him deposited with said plaintiffs in erroi\ The answer to the original petition after setting up the true state of the account for a second cause of defense, alleged that the actual balance due from these plaintiffs to this defendant was, after the commencement of the action…
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This was an action brought in the First District Court for Leavenworth County by the defendant in error to recover a balance alleged to be due from plaintiffs in error, as bankers to him, for money by him deposited with said plaintiffs in erroi\ The answer to the original petition after setting up the true state of the account for a second cause of defense, alleged that the actual balance due from these plaintiffs to this defendant was, after the commencement of the action in the Court below, levied upon by the sheriff of said county by virtue of an execution in his'hands in favor of one…
1Opinion of the Court
By the Court,
Kingman, J.
The defendant in error filed his petition in the District Court against the plaintiff in error, averring that he had made deposits with them as bankers, between the 19th of June 1858, and' the 23d of April 1859, of various sums, amounting in the aggregate to $12,792, with the agreement that he, Smith, was to have the privilege of drawing on *444them at any time to the full amount deposited, with the right at' any time to demand a settlement and withdraw whatever balance' was due him. That he had so drawn all the- amount except $1,228.12, which was still due him; also…
2Cases cited1 opinion
- Wilson v. MasonSupreme Court of the United States · 1801
3Cited by4 opinions
- De Ruiter v. De RuiterIndiana Court of Appeals · 1901
- Goddard v. Citizens First National Bank of IndependenceSupreme Court of Kansas · 1924
- Eaton v. McElhoneCourt of Appeals of Kansas · 1897
- Eaton v. McElhoneCourt of Appeals of Kansas · 1897