(Download) "Healy v. First Nat. Bank" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Healy v. First Nat. Bank
- Author : Supreme Court of Montana
- Release Date : January 12, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Banks and Banking ? Action to Recover Value of Corporate Stock Paid to Broker by Bank Without Securing Delivery Before Making Payment Out of Account of Plaintiff ? Judgment for Bank Upheld ? Evidence of Usage and Custom in Brokerage Business ? Admissibility ? Depositions ? When Inadmissible in Evidence ? Harmless Error. Appeal and Error ? Conflict in Evidence in Action Tried Without Jury ? Conclusion not Disturbed Where Substantial Evidence to Support It. 1. Where there is a conflict in the evidence in an action tried without a jury, the courts conclusion will not be disturbed on appeal if there is substantial evidence to support it. - Page 181 Banks and Banking ? Action to Recover Value of Block of Corporate Stock Misappropriated by Broker and Paid for by Bank Under Indefinite Order Given Broker by Plaintiff ? Judgment for Defendant Bank Upheld. 2. In an action against a bank, tried without a jury, to recover the value of a block of corporate stock which plaintiff had directed a broker to purchase for him and which the broker appropriated to his own use, plaintiff contended that he had an oral agreement with an officer of the bank that payment for the stock (pledged as collateral) should not be made until delivery thereof to the bank. Payment was made to the broker on presentation of an order given him by plaintiff authorizing him to deliver the stock to the bank "in consideration of their payment to you" of the purchase price, on the theory that under a custom or usage in the brokerage business stock purchased through a broker would not be "ordered out" until payment was made. The bank denied the oral agreement with its officer. Judgment in favor of defendant bank upheld under the above rule, in view of the conflicting character of the testimony and the indefinite nature of the written order. Same ? Custom and Usage in Brokerage Business ? Admissibility in Evidence. 3. Evidence of a custom or usage in a particular business (in the instant case the brokerage business) is admissible in aid of the interpretation of a written instrument. (See. 10531, Rev. Codes.) Trial ? Depositions ? When Inadmissible in Evidence. 4. Before the deposition of a witness may be received in evidence on the ground that he is absent from the jurisdiction, under section 10645, subd. 2, it is incumbent upon the party offering it to show by positive testimony that the witness had departed from and was at the time of the trial out of the state, and therefore the bare statement of counsel that inquiry had been made as to his whereabouts and that to the best of his knowledge he was not within the state, with address unknown, was insufficient to warrant its admission in evidence. Same ? Erroneous Admission of Deposition in Evidence ? When Error Harmless. 5. Erroneous admission of the deposition of an absent witness held harmless where there was sufficient competent evidence to warrant judgment in favor of the party offering it, it being presumed on appeal that the court on a trial without a jury disregarded incompetent evidence as it said it would.
 "Healy v. First Nat. Bank" by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}