Magee v. Snyder

Citations

• 103 Kan. 558
• 175 P. 597
• 1918 Kan. LEXIS 320

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Contract — Assignment of Judgment — Oral Evidence. A jury being waived, it was not material error to permit the plaintiff’s attorney to testify concerning a verbal agTeement which the trial court correctly ruled could not be received to vary the written contract of assignment of the judgment involved herein.</p> <p>2. Same — Satisfaction of Judgment — Admission by Judgment Creditor. By entering satisfaction of the judgment the judgment creditor admitted its payment, which was, in effect, an admission that he was under obligation to pay his assignee his portion thereof.</p> <p>3. Same — Order of Court Directing Payment — Properly Made. The trial court correctly directed payment to be made out of the proceeds of the notes in satisfaction of the judgment, when such notes should be paid.</p> <p>4. Assignment op Judgment — Consideration. The evidence shows a sufficient consideration for the assignment of the judgment.</p> <p>5. Same — Failure to Pay Taxes. The mere failure to pay taxes on his interest in the judgment does not preclude a recovery by the plaintiff.</p>