John Deere Plow Co. v. Losey

Citations

• 104 Kan. 400
• 179 P. 358
• 1919 Kan. LEXIS 277

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Name Indorsed on Back Thereof — Indorser Not a Maker or Guarantor — Notice of Dishonor. In the settlement with a creditor an indebtedness of a partnership composed of two persons was individualized, each partner giving a note for one-half of the indebtedness and securing it by a mortgage given on his individual property, and afterwards the' creditor procured each partner to sign his name in blank on the back of the note given by the other in settlement of the debt. In dn action brought on the indorsement, it is held, under the negotiable-instruments act, that the placing of defendant’s signature on the back of the note did not indicate he was a maker, or guarantor, but that his liability was that of an indorser, and then only liable in case notice of dishonor was given him, as the act prescribes.</p> <p>2. Same — Notice of Dishonor — Conflicting Evidence. The evidence is in conflict as to whether or not notice was given or-mailed to defendant, and the finding of the jury in favor of defendant is conclusive that the required notice was not given.</p>