Bridges v. Vann

Citations

• 88 Kan. 98
• 127 P. 604
• 1912 Kan. LEXIS 22

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note—Payment by Note of Third, Party—Consideration. Where a creditor who holds a valid, subsisting obligation against his debtor accepts in payment of the same, the promissory note of a third party in an amount equal to the obligation of the original 'debtor, the note being given in. pursuance of a business transaction between the two debtors, and the creditor upon accepting the note surrenders and cancels the original obligation, the note of the third party given directly to the creditor in payment of the original obligation is supported by a sufficient consideration.</p> <p>2. - Pleadings—Novation. Where the ease was tried on the theory that one debtor was substituted for the other and that one obligation was accepted in discharge of another, it is immaterial that the transaction was not designated in the pleadings as a novation.</p> <p>3. Evidence—Secondary but True—Not Prejudicial. The fact that evidence admitted to establish' a fact is secondary in character is not a good ground of reversal where such evidence is true and the production of the primary proof would necessarily lead to the same result.</p>