Gigoux v. Henderson

Citations

• 107 Kan. 325
• 190 P. 1092
• 1920 Kan. LEXIS 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note — Holder in Due Course — Notice of Infirmity- — Bad Faith Miist Be Shown. The rule is followed that in order to charge the purchaser and holder of a promissory note before maturity, with notice of infirmity or fraud in its procurement, bad faith must be shown.</p> <p>2. Same — Erroneous Instruction — New Trial. When the record shows an erroneous instruction which may and probably did mislead the jury, it cannot be said that substantial justice has been done; and the rule against reversal for immaterial error does not apply.</p> <p>8. Same — Excluded Evidence — Not Produced on Motion for New Trial. Oral testimony touching a certain director’s resolution should, under the showing made, have been admitted, but as it was not produced in support of the motion for a new trial it cannot be considered.</p>