Greene v. McAuley

Citations

• 70 Kan. 601
• 79 P. 133
• 60 L.R.A. 308
• 1905 Kan. LEXIS 15

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Real Party in Interest. Where a promissory note is sued upon by the holder, to whom it has been unconditionally assigned by the payee, a complete defense on the sole ground that the plaintiff is not the real party in interest can only be established by proof of facts showing that a payment to him would not be a protection to the defendant against further liability on the note.</p> <p>2. -Holder Held to Have the Right to Sue. T., being the owner of a tract of land, permitted G. to control it and rent it in his own name to secure him against loss through having signed a bond as surety for T. G. accordingly leased the land to S., who agreed to pay him rent. After the release of G. from liability on the bond he agreed with T. to procure from S., in satisfaction of the rent due, two notes then owned by S., and to turn them over to T. G. obtained the notes from S. in satisfaction of the claim.for rent, taking an assignment to himself, and without the consent and against the objection of T. brought action upon them against their maker, M. Held, That M. would have been protected by a payment to G., and cannot defeat a recovery on the ground that the plaintiff is not the real party in interest.</p> <p>3. -Agreement of Payor and Payee Immaterial. Under the circumstances stated in the preceding paragraph the conclusion announced would not be affected by the further assumption that T. had agreed with M., without any consideration sufficient to support a contract, to accept a less sum than their face in full satisfaction of the notes.</p>