First National Bank v. Staab

Citations

• 102 Kan. 369
• 171 P. 3
• 1918 Kan. LEXIS 45

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Chattel Mortgage — Pleadings. An instruction covering fraud and mutual mistake, not pleaded, held improper.</p> <p>2. Promissory Note — Va/riance by Parol. Rule followed that the terms of a plain promissory note cannot be varied by parol.</p> <p>3. Replevin — Value of Property — Replevin Affidavit Competent Evidence. The affidavit in replevin made by the plaintiff was properly permitted to go to £he jury on the question of value of the property involved.</p> <p>4. Same — Mortgagee “Deeming Itself Insecure” — Conclusive. Proof of a feeling of insecurity was sufficient to support the plaintiff’s allegation that it deemed itself insecure, the reasonableness of such feeling being immaterial.</p>