Article Text
No. 16,880. The New England National Bank of Kansas City, Missouri, Appellant, vs. Mat Dick and Mary Dick, Appellees. Appeal from Barton County. # AFFIRMED. Syllabus. By the Court. West, J. A customer of a local bank renewed for the seventh time a note for a certain indebtedness, leaving the former notes and other papers at the bank. Sometime after executing the last renewal and several weeks before it was due, the maker, having a good balance on deposit, was requested by the cashier, who met him on the street, to pay the note by having it charged to his account, the cashier telling him the note could be had by calling for it at the bank, to which the maker consented. Soon thereafter the cashier sent the maker one of the former renewals with a statement showing an item of interest improperly charged. The maker supposed the note was the last renewal but made no investigation concerning it or the interest charge, but believed and continued to believe he had paid the debt. The note in question, the last renewal, was soon after its execution by the bank indorsed to the appellant with other notes to secure a loan made by the appellant to the bank. The note in question matured September 9, 1907. The bank failed and went into the hands of a receiver in January, 1908. The appellant never presented the note which was made payable at the bank, and never notified the maker of its dishonor or that it had been transferred by the bank, until after the failure. The jury found that the bank was authorized by the appellant to collect the note before it was due and that the bank intended to collect it when the amount thereof was charged to the maker's account. Held, that the appellant is not entitled to recover. All the Justices concurring. A true copy. Attest: D. A. VALENTINE, [Seal.] Clerk Supreme Court.