First National Bank v. Vaughn

Citations

• 96 Kan. 402
• 151 P. 1118
• 1915 Kan. LEXIS 393

Syllabus

<p>SYLLABUS BY THE COÚRT.</p> <p>1. Note — Action by Indorsee — Defense Fraud — Tender Back of Valueless Consideration Unnecessary. In an action by the indorsee of a negotiable promissory note it is not necessary for the defendant, the maker of the note, who defends on the .ground of fraud of the payee in procuring the note, to offer to return the consideration promised for the note where such consideration was either of no value or has not been received.</p> <p>2. Same — No Material Error in Evidence. The matters complained of concerning the introduction of evidence have been examined, and nothing is found warranting a reversal of the judgment.</p> <p>3. Same — Presumptions that Transcript is Correct. Recitals in a journal entry of judgment concerning the burden of proof will be controlled by what actually transpired on the trial, as disclosed in the transcript of the evidence and in the instructions to the 'jury.</p> <p>4. Same — Verified Denial Put in Issue the Indorsement of the Note. In an action by the indorsee of a negotiable promissory note, an answer that denies all the material allegations of the petition, denies that the plaintiff is the owner of the note in good faith for a valuable consideration before maturity, and denies that the note was indorsed to the plaintiff before maturity for value, meeting the allegations of the petition, verified by the affidavit of the defendant, in which he states that the facts and denials set forth in the answer are true, puts in issue the indorsement of the note to the plaintiff.</p> <p>5. Same — Immaterial Instructions. A judgment will not be reversed because of error in instructions which could not have misled the jury under the issues and evidence.</p>