(Download) "State v. Farmers Etc. State Bank" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Farmers Etc. State Bank
- Author : Supreme Court of Montana
- Release Date : January 17, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Banks and Banking ? Insolvency ? Establishment of Claim as General Creditor ? Action for Money Had and Received ? Evidence ? Insufficiency ? Trial ? Special Findings ? Effect of Failure to Request ? Implied Findings ? Appeal ? Presumptions. Trial ? Effect of Failure of Party to Introduce Strongest Evidence at His Command. 1. Where a party has it within his power to introduce stronger and more satisfactory evidence than that offered by him, the evidence produced should be viewed with distrust. (Sec. 10672, Rev. Codes 1921.) Appeal ? Equity ? Judgment of Trial Court Which Saw and Heard Witnesses on Stand Conclusive if There is Evidence to Support It. 2. In a cause tried by the court without a jury its judgment will not be reversed on appeal if there is evidence to support it, the trial court having had the advantage denied the appellate court, of seeing the witnesses, hearing them testify and observing their demeanor on the stand. - Page 257 Same ? Failure of Appellant to Request Special Findings Bars Him from Complaining of General One. 3. Where no request for special findings was made, the unsuccessful party is not in a position to complain on appeal of a general finding of the issues in favor of his opponent. Same ? When Doctrine of Implied Findings Applicable. 4. Under the doctrine of implied findings, a particular fact, the existence of which is necessary to support the judgment, is deemed by implication to have been found where the issues so require, and no request was made for an express finding as to such fact. Same ? Burden of Showing Reversible Error on Appellant ? Presumptions. 5. On appeal all presumptions are indulged by the supreme court in favor of the judgment, the burden of showing reversible error being upon appellant. Banks and Banking ? Insolvency ? Action for Money Had and Received ? Basis of Action. 6. The basis of an action against a bank for money had and received is that the defendant has money in its possession which in equity and good conscience it ought to pay over to plaintiff, upon whom rests the burden of establishing by a preponderance of the evidence that the bank actually received money belonging to him. Same ? Insolvency ? Establishment of Claim as General Creditor ? Action for Money Had and Received ? Dismissal of Action ? Insufficiency of Evidence. 7. In an action by the state to have a bank declared insolvent and a receiver appointed, an automobile finance corporation filed a complaint in intervention in the nature of an action for money had and received for its account under certain automobile conditional sale contracts in the possession of the bank but in reality owned by the intervenor, and to have its claim as a general creditor of the bank to the amounts collected by the bank for intervenor established and allowed, the evidence, showing, inter alia, that the wife of the defaulting cashier of the bank was in fact the finance corporation; that its checking account had been closed more than a year prior to the closing of the bank; that the contracts had been sold to the bank and carried on its books as assets of the bank after the closing of the checking account; that the cashier as agent of his wife (the corporation) transacted her business; that he falsified the banks books and destroyed records to cover his embezzlements, etc., held sufficient to warrant a judgment dismissing the complaint in intervention.
 "State v. Farmers Etc. State Bank" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}