Iowa City State Bank v. Claypool

Citations

• 91 Kan. 248
• 137 P. 949
• 1914 Kan. LEXIS 10

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Attached, t@ Other Paper — Signed in' Blank — Signature Procured by Fraud — “Holder in Due Course.” A paper printed with, type of various 'sizes and containing sundry agreements and conditions followed by an order f®r merchandise, and this by a blank promissory note separated from the foregoing portion of the paper by a perforated line, was successfully presented to a merchant for execution in blank with the statement that it was a mere order for goods on commission and not a promise to pay anything. Held, that whether the execution was procured by the fraud of the person so presenting the paper or was the result of such fraud coupled with the negligence of the signer, none but a holder in due course could recover on the detached promissory note.</p> <p>2. Same — Trial—Instructions—No Prejudicial Error., The allegations of a party warranted an instruction, which was given, submitting his negligence to the jury as a question of fact, while his own testim®ny justified a declaration of his negligence as a matter of law, which declaration was refused. Held, that the error, if any, was rendered immaterial by the verdict and answers of the jury which showed that the complaining party could not have recovered had the re- • 'quested declaration been given.</p> <p>3. Special Findings — Construction of. The rule that an answer to a special question “We do not know” is equivalent to “No,” followed.</p>