Lorimer v. Fairchild

Citations

• 68 Kan. 328
• 75 P. 124
• 1904 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note and Mortgage — Extension Agreement — Considerar tion. The promise of a debtor to keep an overdue loan of money secured by mortgage on his land, and pay a reduced rate of interest upon the note given for the loan, for a definite period of time, is a sufficient consideration for an extension by the creditor of the time for the payment of the note for such period.</p> <p>2. Practice; Supreme Court — Second Review of a Case- — Decision of Court of Appeals Binding on this Court Ordinarily — Exception Stated. Ordinarily the decision of one of the courts of appeals of this state in a case which it has determined and remanded to the district court will be deemed to be the settled law of the case in a subsequent proceeding in error in this court, and the questions involved will not be made the subject- of another examination. If, however, the cause was remanded for a new trial and not merely for some special proceeding supplemental to the mandate, and the record in this court presents the same questions which were presented to the court of appeals, this court has the power to make such reexamination; and it will do so in a case involving a question of great public importance when the former decision was erroneous and tended to confuse the law because in conflict with a decision of the court of appeals of the other department of the state, and with a previous expression of opinion by this court, especially when no injustice will result from a reversal of the judgment rendered.</p>