Goutermont v. Sparks

Citations

• 99 Kan. 431
• 162 P. 270

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Signed by Surety Conditionally — Condition Not Performed — Surety Released. In an action on a promissory note by the payee against a surety, it is proper to admit evidence to show that the' signature -of the .surety was obtained by the principal on condition that the principal, before the note was delivered to the payee, would give to the payee a chattel mortgage on certain specified personal property to secure the payment of the note, where, the condition was not performed and there is evidence to show that the payee had knowledge of the condition at the time the note was delivered to him by the principal.</p>