Guaranty Investment Co. v. Gamble

Citations

• 102 Kan. 791
• 171 P. 1152
• 1918 Kan. LEXIS 143

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Oral Agreement Va/rying Written Indorsement — . No Defense. A claim by the payee and indorser of certain negotiable promissory notes, that it was orally agreed that if she sold the notes for fifty cents on the dollar — which she did — she would never be called on to pay or be held responsible, is a variance from the written indorsement and constitutes no defense.</p> <p>2. Same — Bill of Particulars — States No Cause of Action. A bill of particulars setting out such notes with proper allegations to show liability, except an averment of notice of dishonor or waiver thereof, states no cause of action against the indorser.</p> <p>3. Same — Erroneous Judgment. It was error to render judgment for the plaintiff on such bill of particulars and a statement of the oral agreement referred to in the first paragraph hereof.</p>