Girard Trust Co. v. Owen

Citations

• 83 Kan. 692
• 112 P. 619
• 1911 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Case-made—Time of Service— Certificate of Trial Judge. Where there is conflicting testimony in this court as to whether a case-made was served before the expiration of the time allowed, the certificate of the trial judge that the service was made in due time will control.</p> <p>2. Limitation op Actions — Suspension of the Statute. The payee of a note who has assigned it as collateral security has still such an interest therein that a written acknowledgment made to him by the debtor may serve to toll the statute of limitations.</p> <p>3. -- Same. In virtue of the statute (Gen. Stat. 1909, §§ 5214, 5215) making payments to the record owner of a mortgage binding upon the real owner, a part payment to a mortgagee who has made an unrecorded assignment is sufficient to toll the statute of limitations.</p> <p>4. Contracts — Aoeord and Satisfaction — Extension Agreement —Performance. Where the parties to an overdue note enter into a written agreement, founded upon a sufficient consideration, by the terms of which a part of the debt is forgiven and the time for paying the reduced amount is extended, a provision therein that a default in the payment of the interest shall mature the new principal implies that the debtor is not to forfeit the benefit of the reduction by a failure to meet promptly the terms of the readjustment.</p>