Croan v. Baden

Citations

• 73 Kan. 364
• 85 P. 532
• 1906 Kan. LEXIS 259

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury and Jurors — Special Finding Construed. Whether the answer “do not know” to a special question submitted to a jury is equivalent to “yes,” or “no,” depends upon the-form of the question answered. Generally such an answer shows that the party whose duty it was to establish the fact involved in the question has failed in his proof. In a case where it was the duty of the defendant to prove that Emma M. Carey did not sign a certain promissory note, and the jury, in answer to the question. “Did Emma M. Carey sign the note in question?” returned the answer “do not know,” such answer was equivalent to “yes.”</p> <p>2. Limitation op Actions — Statute as a Defense — Waiver. The statute of limitations, to be available as a defense, must be affirmatively pleaded or otherwise asserted, and a failure to do so constitutes a waiver of such defense.</p> <p>3. - Conflict of Laws — When Foreign Law May Apply. The laws of the state of Kansas relating to the limitation of actions apply exclusively in this state, except when the requirements of the statute permitting the law of another state or territory to be applied have been complied with.</p>