Martindale v. Stotler

Citations

• 69 Kan. 669
• 77 P. 700
• 1904 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note—Action by Innocent Holder—Erroneous Instruction. Where, in an action by the holder on a negotiable promissory note, indorsed by the payee in blank, there is intérposed by the maker the defense that the note was obtained through the misrepresentation and fraud of the payee, and the further defense that the note, since its execution and delivery, has been materially altered, and there is no evidence connecting plaintiff with the fraud or showing knowledge thereof by him at the time of the purchase of the note, it is prejudicial error to instruct the jury upon the effect of fraud on the right of plaintiff to a recovery.</p>