58 Kan. 69 | Kan. | 1897
Jesse H. Presnall. "who had charge of 34,560 acres of land in Texas, the legal title to which was in N. B. Pulliam and William Childress, negotiated a sale of the same to Dubois & Wentworth through M. R. Dubois. The lands were incumbered ; and it was agreed that, as part of the purchase price of $1.62i per acre, Dubois & Wentworth should assume the payment of the incumbrances on the lands. Presnall was to receive a substantial part of the purchase price, the remainder to be divided with Pulliam and Childress. All these parties were residents of Texas ; and Dubois & Wentworth, as well as Presnall, were largely engaged in the cattle business in Texas and in the Territory of Oklahoma. Many of their transactions in connection with the cattle business were had at Arkansas City, and Dubois & Wentworth had large transactions with the American National Bank of that place. The negotiations for the sale were pending for some time, and the final agreement between Dubois and Presnall was made at Arkansas City on October 18, 1890. Presnall had obtained deeds of conveyance for the land from Pulliam and Childress, but did not have abstracts of title exactly showing the incumbrances against the land. A reckoning, however, was made, and it was understood that there were incumbrances to such an extent as would reduce the purchase price from $56,160 to the sum of $22,200. Dubois did not desire to pay over the money until the abstracts were obtained showing the extent to which the land appeared to be incumbered upon the records. It was then agreed that the deeds should then be placed in the Bank until they could get a complete abstract; and tire contention is that the money and deeds were placed in the hands of Lamson, the cashier of the Bank. They appear to have computed and agreed
“Deposited with American National Bank, Arkansas City, Kansas, by J. H. Presnall, October 18,1890, $22,200, to be delivered to Presnall upon clear abstract of property on deeds left with me.
H. Lamson, C.”
A receipt was handed to Dubois, which was as follows :
“American National Bank, Arkansas City, Kan. By Presnall and Dubois, October 18, 1890, deeds to certain tracts of land and $22,200, upon contract.
H. Lamson, C.”
Shortly after the deposit was made a dispatch was sent by Lamson to Pulliam and Childress, stating: *‘ Money deposited with deeds with me until abstracts are examined. American National Bank.” When the abstracts were obtained the incumbrances' were about ten thousand dollars more than the parties understood them to be ; and it was then agreed between Dubois and Presnall that the purchaser would assume the additional incumbrances and deduct the amount from the balance due upon the sale. Abstracts, however, were obtained, and an arrangement was made
The decision in the recent case of Kansas National Bank v. Quinton (57 Kan. 750) applies very closely to the facts in the present one. There, an arrangement was made with the cashier of the bank for a loan of money, the proceeds of which were to be paid to another upon the performance of certain services. It was contended by the bank that no money was in fact deposited, and that the cashier acted as an individual rather than as the cashier of the bank. It was further contended that the arrangement for the deposit and payment of the money was one which was beyond the power of the bank to make. It was found, however, that it was a bank, rather than an individual, transaction, and that while the cashier issued no certificate or deposit-slip, as in the present case, he did state that the money was up. Upon the facts, it was held that the transaction was one that was included within the powers of the bank and incidental to its ■ordinary business, and that such a power could be exorcised by the cashier or managing officer of the bank. There, there was no written statement signed by the cashier, but only proof that the cashier orally agreed that the money had been provided in the bank and would be paid when the condition was performed. Here, we have the certificate that the money is actually deposited to the credit of Presnail, to be paid upon the happening of the contingency, and that ■signed by the cashier of the Bank.
The instructions given to-the jury fairly presented the case for decision, and it appears that no exceptions were taken to those that were given. Exceptions were taken to the refusal of a number of instructions that were requested, but an examination of these shows that the law announced therein, so far as proper and applicable to the facts in the case, was covered by the charge that was given.
Our view is that a correct conclusion was reached by the jury, and that therefore the judgment of the court thereon must be affirmed.