Hangen v. Pinkston

Citations

• 110 Kan. 463
• 204 P. 675
• 1922 Kan. LEXIS 72

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Oral Agreement as to Manner of Payment Inadmissible. The rule followed that a promissory note in the usual, form cannot be contradicted by evidence of an oral agreement that it was to be paid only out of the profits of a certain business carried on by the payee.</p> <p>2. Same — No Available Defense Stated. Under-the allegations of the answer and the opening statement of the defendant’s counsel it is held that the defense indicated by the preceding paragraph could not be successfully urged as against the payee, and hence could not avail the defendant as against the indorsee of the note sued on.</p>