Brice v. Hawk

Citations

• 97 Kan. 82
• 154 P. 273
• 1916 Kan. LEXIS 229

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Holder in Due Course before Maturity — Question for Jury. Where a firm of real-estate dealers received a promissory note as their commission for services in negotiating a land trade, and the maker became dissatisfied with the trade, and the real-estate dealers and their attorney held a conference with the attorney for the maker to consider a cancellation of the contract and the surrender of the note, and the maker’s attorney apprised them of the defenses to the enforcement of the contract, among which were want Of consideration and fraud on the part of the payees, the question whether the attorney for the payees who afterwards acquired the note before maturity was a holder in due course and without notice of its infirmities was properly submitted to the jury, and a general verdict and judgment against him will be sustained.</p> <p>2. Same — Evidence—Properly Stricken from Record. The affirmative responses of a witness to two conclusions of law couched in the form of leading questions examined and held to have been properly stricken from the record.</p>