Conqueror Trust Co. v. Danforth

Citations

• 103 Kan. 860
• 177 P. 357
• 1918 Kan. LEXIS 405

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Liability of Comaker. A comaker, though in fact a surety only, is primarily liable on his promissory note.</p> <p>2. Same — Contemporaneous Oral Agreement — No Defense. It is no defense to an action on a note to plead an agreement with the payee to look to certain mortgage security and to hold the comaker for the balance only, as such agreement would contradict the terms of the note.</p> <p>3. Same — Set-off and Counterclaim. Neither does the alleged breach of such an agreement form any legal basis for a set-off or counterclaim.</p>