Lower v. Shorthill

Citations

• 103 Kan. 534
• 176 P. 107
• 1918 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Notes and Mortgages — Pleadings—Allegations of Cross Petition May be Made Part of Reply. Where the defendant in his answer and cross petition sets forth the execution and transfer of certain notes which were secured by a mortgage, the plaintiff in his reply may. refer to the' allegation in the cross petition in respect to the notes and mortgage and thereby make such allegations a part of his reply, and it is held herein that the reply of the plaintiff is sufficient to raise an issue as t© whether or not the possession of the mortgaged property was taken and the property sold under and by virtue of the chattel mortgage referred to in the cross petition and reply.</p> <p>2. Same — Proof under General Denial. Under a general denial a party may offer any evidence that will controvert the facts denied.</p> <p>3. Promissory Notes — Transferred by Indorsement — Transferree May Maintain Action Thereon. Where promissory notes have been indorsed and transferred by the payee to another, and the legal title to the same is thereby vested in the latter, he may maintain an action thereon in his own name, although the beneficial interest in the notes may not be in him.</p> <p>4. Same — Transfer of Note Transfers Chattel-mortgage Security. The indorsement and transfer of promissory notes secured by a chattel mortgage operates as a transfer of the title to the mortgage as well.</p> <p>5. Same — Substantial Evidence — Should Have Gone to Jury. Where there is substantial evidence upon which a jury might have found in favor of the plaintiff, the court is not warranted in directing a verdiet for defendant, and it is held herein that there was sufficient evidence upon an issue raised by plaintiff to require the submission of the case to the jury.</p>