Fisher Machine Works Co. v. Leavenworth National Bank

Citations

• 77 Kan. 268
• 94 P. 124
• 1908 Kan. LEXIS 256

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parties — Action on Non-negotiable Note. The holder of a non-negotiable promissory note, indorsed by the payee, is prima facie entitled to maintain an action for the collection thereof.</p> <p>2. Promissory Note — Non-negotiable—Action by Holder — Evidence. A non-negotiable promissory note was owned by an estate. The administratrix indorsed the note in blank and delivered it to a bank. The bank commenced an action in its own name against the maker to enforce collection. In its. verified answer the maker admitted the execution of the note, but denied the authority of the administratrix “to indorse said above-described note to the plaintiff herein, or to any other party.” On the trial the plaintiff presented the note to the court and demanded judgment. No proof being presented by the defendant, j'udgment was entered for plaintiff. Held, not error.</p>