Liphart v. Myers

Citations

• 97 Kan. 686
• 156 P. 693
• 1916 Kan. LEXIS 378

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Payment Indorsed thereon — Limitation of Action. A receipt of money indorsed on the back of a promissory note after the . statute of limitations has barred action does not indicate part payment by the maker which would revive liability.</p> <p>2. Same. In an action on a note bearing such an indorsement the petition must allege payment by the debtor in order to remove the apparent bar of the statute.</p> <p>3. Same — Petition—Amendment—New Cause of Action — Limitation of Action. In an action on a note bearing such an indorsement, commenced within five years (the statutory period) after the date of the indorsement, the petition did not contain an allegation of the kind mentioned. More than five years after the date of the indorsement the petition was amended to include such an allegation. Held, a cause of action was then stated for the first time, and too late.</p>