Blair Milling Co. v. Fruitiger

Citations

• 113 Kan. 432
• 215 P. 286
• 1923 Kan. LEXIS 122

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Embezzlement — Obligation of Embezzler to Make Restoration — Consideration for Note Given in Settlement of Civil Liability. One who embezzles money is under a legal and moral obligation to restore the amount misappropriated to the party from whom it was embezzled, and this obligation affords adequate consideration for notes and security given for restitution or payment.</p> <p>2. Same — Promissory Note Given to Settle Civil Liability — When Not Compounding a Felony. Before one who has become a surety on notes given in settlement of a civil liability arising from an embezzlement can avoid liability upon the grounds that they were given for an illegal consideration and to compound the embezzlement, it devolves upon him to show that they were given under duress or upon an agreement to conceal the crime, stifle a prosecution therefor or withhold evidence in relation thereto.</p> <p>3. Same — Promissory Note — Insufficient Evidence to Show Illegal Consideration. The evidence examined and held to be insufficient to show that the notes in question were based on an illegal consideration.</p>