Bottom v. Harris

Citations

• 108 Kan. 7
• 193 P. 1058
• 1920 Kan. LEXIS 538

Syllabus

<p>SYLLABUS BY TUE COURT.</p> <p>1. Promissory Note — Demurrer to Evidence Properly Overruled. The demurrer to the evidence of the plaintiff was properly overruled.</p> <p>2. Same — Note—Given in Settlement of Family Controversy — Good Consideration. A note given in settlement of a controversy arising between brothers and sisters over the will of their father, all of whom are beneficiaries thereunder, but one of whom is threatening to contest the will, is upon sufficient consideration.</p> <p>3. Same — Comp?romise and Settlement — Ratification by Interested Party. A sister who was not present at the settlement and who did not participate therein, but to whom a note was given, by accepting it and suing to recover upon it ratified the settlement, and the maker cannot avoid paying the note for the reason that the sister did net take part in the settlement.</p> <p>4. Compromise and Settlement' — No Mutual Mistake Shown. In such a settlement, where the brothers arrive at a basis of agreement, and two of those to whom land had been devised fix a valuation on that land and on the land devised to a third brother, who knew the value of all the land, and who thereafter gave his note based on the value fixed by his brothers, there is no mutual mistake as to the valuation.</p> <p>5. Same — Testimony Received by Agreement — No Error. Testimony taken on a trial in another action may be read in evidence by agreement and when so read complaint cannot be thereafter mads of its admission.</p> <p>6. Same — Default of One Party to a Settlement — Settlement Not Vitiated. Where notes are given in the settlement of a family controversy and afterward one of the makers fails to pay a note thus given by him, such failure cannot be shown for the purpose of defeating a note given by one of the other parties in the settlement.</p>