Holmes v. Winters

Citations

• 108 Kan. 227
• 194 P. 639
• 1921 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>Promissory Note — Dishonored by Nonpayment — Recourse to All Parties Secondarily Liable Thereon. Under the negotiable-instruments law (Gen. Stat. 1915, §§'6610, 6611) providing that a negotiable instrument is dishonored by nonpayment when it is overdue and presentment is excused, and that in such circumstances an immediate right of recourse against all parties secondarily liable thereon accrues to the holder, held, in an action on a promissory note, it was error to sustain a demurrer to the bill of particulars on the ground that it failed to show that plaintiff used any diligence to collect from the maker.</p>