Fisher v. Spillman

Citations

• 85 Kan. 552
• 118 P. 65
• 1911 Kan. LEXIS 112

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negotiable Instruments — Assumption of Debt by Third Party — Principal and Surety — Extension—Release of Surety. Stove Works v. Caswell, 48 Kan. 689, 29 Pac. 1072, and Mulvane v. Sedgley, 63 Kan. 105, 64 Pac. 1038, followed, and held, in an action on a promissory note that an answer admitting the execution and delivery of the note and alleging that it was secured by a mortgage on certain real estate in Iowa, that the defendants afterward sold and conveyed the land to a third person, who assumed and agreed to pay the mortgage indebtedness, that the plaintiff as payee accepted him as his creditor and afterward, without the knowledge or consent of the defendants, made a valid agreement with the purchaser extending the time of payment of the debt, states a good defense.</p> <p>2. - Assumption of Debt — Statute of Frauds. Neither the promise of such purchaser to the debtor to discharge his indebtedness nor the acceptance by the creditor of the purchaser as his debtor is within the statute of frauds.</p> <p>3. Pleadings — Unverified General Denial — No Issue Raised. In an action on a promissory note brought by the payee an unverified general denial raises no issue.</p> <p>4. Appeals — Abstract Need Not Show Notice of Appeal. No provision of the code of civil procedure nor any rule of court requires the abstract to show notice or proof of notice of appeal.</p>