City Savings Bank v. Enos

Action by Bank fob Money Fraudulently Obtained—Discovery of Fraud—Estate of Deceased Person—Statute of’ Limitations.— An action by a bank to recover money from the estate of a deceased person, in which it appears that the money was paid to the deceased in his lifetime, as the assumed agent of a depositor, under a false representation made by him to the bank, that he was such agent, and was authorized by the depositor to draw the money, and to sign the depositor’s name to the receipt therefor, which he .did, whereby the bank was deceived and misled into paying the money to him, and that the bank did not discover the fraud and the falsity of such representation until after the death of the decedent, when the bank was compelled to pay such money to the depositor, is an action for relief on the ground of fraud, in which the statute of limitations of three years did not begin to run until after the discovery of the fraud.

Id.—Appeal from Judgment—Finding upon Conflicting Evidence-Province of Trial Judge.—Upon appeal from a judgment rendered in favor of the bank against the estate of such deceased person, where the court found upon conflicting evidence that the allegations of the complaint were true, and that the action was not barred by the statute, although there may be reasonable ground for finding otherwise, this court cannot take from the trial judge the right to pass upon the credibility of the witnesses and upon the sufficiency of the evidence to support his findings, where there was evidence tending to justify them.

Id.—Qualification of Witnesses against Estate—Officers of Bank. —The disqualification of a party or his assignor to testify against an executor or administrator, upon a claim or demand against the estate of a deceased person, as to any matter occurring before his death, does not apply to agents or persons employed by the party or his assignor; and in an action by a bank against an administrator upon a money demand, the officers of the bank are not disqualified.

Id.—Admissibility of Books of Bank—Preliminary Proof.—The books of account of the bank were admissible in evidence, and the officers of the bank were competent to make the preliminary proof of such books.

Id. — Appeal—Assignments of Error not Argued, Waived.—Assignments of error not noticed in appellant’s brief are deemed waived.