Beachy v. Jones

Citations

• 111 Kan. 254
• 206 P. 895
• 1922 Kan. LEXIS 217

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Held in Due Course — Evidence. The general finding of the jury that the note was held in due course was sustained by evidence.</p> <p>2. Same — Special Questions — Judgment. The answers to special questions submitted to the jury weré supported by evidence, and those answers sustain the judgment.</p> <p>3. Same — Cross Petition — Alleging Fraud — Limitation of Actions. The statute of limitations does not run against an answer and cross petition that alleges facts sufficient to state a cause of action on the ground of fraud, although the proper relief is not asked until two years have expired after the discovery of the fraud where the answer and cross petition was filed within two years after that time.</p> <p>4. Same — Conspiracy to Defraud — ■Evidence — Statement of Coconspirator. Where three or more parties fraudulently secure the signature to a promissory note made payable to one of them, evidence of false statements made by another one of the parties to the maker of the note is competent, although the one making the statements is deceased at the time of the trial.</p>