Abmeyer v. First National Bank

Citations

• 76 Kan. 877
• 92 P. 1109
• 1907 Kan. LEXIS 339

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraud — Misrepresentations in the Sale of Personalty — Question for a Jury. In an action where a party seeks to recoup for deceit practised in the sale of unhusked corn, where there is testimony that the vendor had knowledge and experience which enabled him to determine the quantity of corn in the field, and that the vendee; who was without knowledge or experience in that respect, relied oh representations and assurances of the vendor, fraudulently made, that there was a certain quantity of corn in the field, and the sale was made on that basis for a certain price per bushel, and it turned out upon measurement that there was less than one-third of the stated quantity, held, that the representations of of the vendor were more than mere expressions of opinion and belief, and whether théy constituted a fraud on the vendee was a question of fact for the jury.</p> <p>2. -Promissory Note — Bona Fide Purchaser — Burden of Proof. Where it is shown that a note has its inception in fraud the burden of proof is shifted to the indorsee, or holder, to show that he acquired it for a valuable consideration and without notice of defenses or of circumstances which should have put him upon inquiry.</p>