Grant v. Isett

Citations

• 81 Kan. 246
• 105 P. 1021
• 1909 Kan. LEXIS 351

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Mistake of Law — Construction of Pleadings. If the answer of appellant is to be construed strictly and grammatically, as probably it should be against the pleader, it sets forth no defense to the petition, but alleges only an error of law on the part of the appellant, for which the appellee is not alleged to have been in any way responsible.</p> <p>2. Promissory Note — Mistake of Legal Effect by Maker — Innocent Purchaser. If the answer of appellant be construed favorably to her, and in the light of her own testimony that the note was signed only through inadvertence and mistake, then it must also be said that the evidence shows that the appellee was practically an innocent holder of the paper, and that the appellant, and not the appellee, must bear the burden occasioned by the mistake. No mutuality'of mistake, either of law or fact, is alleged or proved.</p>