Supreme Court of Kansas July 5, 1902, No. 12,578 (McDermott v. Halleck)

The opinion of the court was delivered by

Pollock, J.:

Thomas Kirby was the owner of a private bank, conducted under the name of the Thomas Kirby Bank. At the same time he. acted as the agent of plaintiff in error, who resided at Jamestown, Pa., in the business of loaning money on real estate in Dickinson county. Among other loans by him made was one to F. R.