Keener v. Lloyd

Citations

• 90 Kan. 250
• 133 P. 710
• 1913 Kan. LEXIS 198

Syllabus

<p>SYLL'ABUS BY THE COURT.</p> <p>Statute op Limitations — Promissory Notes — Payments — In- ■ struetions. In a controversy as' to whether or not an action upon a promissory note was barred by the statute of limitations, in which it was claimed that a partial payment indorsed upon the note tolled the statute, and where there was testimony by the holder that a payment was made on the date of the indorsement, and also testimony of such payment by another witness who was unable to fix the particular . day when it was made, an instruction to the effect that unless it was shown that the payment was made on the particular date ,of the indorsement the bar of the statute had fallen and no recovery could be had upon the note and the refusal of a request for an instruction that the action would not be barred if a payment had been made at or near the date of indorsement and within the statutory period of limitation was error.</p>