Farmers National Bank v. Francis

Citations

• 100 Kan. 225
• 164 P. 146
• 1917 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Noth — Duress—Threats of Prosecution — Instructions. An instruction that one who has signed a note under duress waives such duress by subsequent payment “unless it is shown that at the time such payment . . . was made that he was still deprived of his freedom of mind or will by reason of such duress,” held proper in view of all the other instructions given.</p> <p>2. Same — Duress—Proof Required. A charge that the law requires proof of duress to be “clear, convincing and decisive” held not to have misled the jury by the use of the latter word.</p> <p>3. Same — Verdict and Findings. The verdict and findings, having been •approved by the trial court, will not be disturbed.</p>