First National Bank v. Robinson

Citations

• 93 Kan. 464
• 144 P. 1019
• 1914 Kan. LEXIS 456

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and- Ownership — Testimony of Owner as to Owner- ' ship-^-Cbnclusions. A party claiming title to a chose in action-or other personal property which is the subject of litigation may properly be permitted to answer a question as to who is its owner, and if his adversary desires the constituent facts on which such claim of ownership is based -he may elicit them on ■ cross-examination.</p> <p>2. Same. The modern notion of the admissibility of evidence is that it is more important to get the truth than to quibble over impractical distinctions between facts and conclusions.</p> <p>3. Promissory Note — Indorsement—Verified Denial — Burden of Proof. A petition in the usual form by the indorsee of a negotiable note bearing the purported indorsement of the payee “By J. D.. M., ag’t.” was answered by a verified denial that such note was not sold'and delivered by the payee company or any one for it with authority so to do. Held, that the burden of proof was upon the plaintiff to establish authority in the agent to make-the indorsement.</p>