Bank of Wilber v. Freeburg

Citations

• 84 Kan. 235
• 114 P. 207
• 1911 Kan. LEXIS 310

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>^Negotiable Instruments — Sale and Transfer — Bona Fides— Evidence — Circumstantial—Direct. Where the circumstances surrounding the transfer’ of a note, both before and after the transfer, indicate that the transfer was only made for the purpose of enabling the plaintiff, the indorsee, to defeat defenses which might be set up against the note in an action thereon by the payee, ‘a jury and the court in trying the case are justified in finding that there was, in fact, no' bona fide sale and transfer of the note, although there is evidence of actual payment by the transferee to the holder and that the transferee had no notice of any infirmity or defense against the note. The jury and the court have the right to believe the circumstantial evidence and to disbelieve the direct evidence.</p>