Bourke v. Spaight

Citations

• 80 Kan. 387
• 102 P. 253
• 1909 Kan. LEXIS 77

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Negotiable Instruments — Transfer to Innocent Purchaser— Action by Maker against Payee — Costs—Attorney’s Fee. The. maker of a negotiable promissory note who has a valid defense but who is compelled to pay it because of its transfer to an innocent purchaser is entitled to recover from the payee what he has been compelled to pay. And if when sued by the indorsee he has attempted without success, but in good faith and with reasonable grounds, to show that the plaintiff was not in fact an innocent holder, so that he might make his defense upon the merits, his recovery should include the costs and his attorney’s fee in that action.</p>