Livermore v. Ayres

Citations

• 86 Kan. 50
• 119 P. 549
• 1911 Kan. LEXIS 180

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Administrator — Nonresident—Collateral Attack. Whether a person appointed administrator of an estate is a resident of the state is a question of fact to be determined by the court appointing him and its judgment can not be impeached collaterally.</p> <p>2. - Same. The statute declares that no person who is a nonresident shall be appointed administrator of an estate (Gen. Stat. 1868, ch. 37, § 28, Gen. Stat. 1909, § 3463) but where facts exist which give the probate court jurisdiction to appoint some person administrator it will not lose jurisdiction by appointing one who is a nonresident. The order in such case is erroneous but not void.</p> <p>3. Promissory Note — Corporation—Evidence—Custom. Where it is sought to show authority of- the general manager of a milling company to execute the promissory note of the company, evidence of the custom of the company to execute its notes in that way and that the same officer had executed similar notes in the name of the company before and after the execution of the note in question, and that the company had ratified such acts, is competent.</p> <p>4. Cosurety — Contribution—Extension of Time. A cosurety sued for contribution set up as a defense that the bank, payee of the note, had extended the time of payment without his knowledge or consent. He offered no proof of any such extension but it appeared that the note was not fully paid until four years after maturity. This court declines to take judicial notice of the alleged custom of banks to require renewal of notes not paid promptly at maturity and to presume that the time of payment of the note in question was extended by a valid contract upon a sufficient consideration.</p> <p>5. ABSTRACT — Sufficiency—Challenge—Counter Abstract. Where appellant’s abstract sets forth only such portions of the evidence as are necessary to present the questions raised by the appeal, a statement therein that there was no evidence upon a question which it ap