Matthews v. McNeill

Citations

• 98 Kan. 5
• 157 P. 387
• 1916 Kan. LEXIS 3

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Defense—Fraud—Contravention of Public Policy ■ — Facts for the Jury. The invalidity of a note and mortgage, attacked as fraudulent and void because given in pursuance of a contract contravening public policy, held not to be established as a matter of law by the undisputed facts or the findings of the jury.</p> <p>2. Privileged Communications — Who May Claim Privilege. No one but the client, or one in privity with him, can found an appeal upon the admission of evidence in violation of the privilege with respect to confidential communications to an attorney.</p> <p>3. Trial — Evidence—Instructions. An instruction limiting the effect of evidence held not to have been prejudicial to a party who objected to its admission for any purpose.</p> <p>4. Compromise and Settlement — Action to Set Aside — Evidence. In an action to set aside a compromise of a disputed claim as fraudulent and unconscionable, the defendant may show statements made to him by other persons, if they tend to show his own good faith.</p> <p>5. Same. Various items of evidence held to have been properly admitted.</p> <p>6. Action — Relief on Ground of Fraud — Evidence—Instructions. In an action for relief on the ground of fraud, an instruction that the plaintiff must satisfy the minds of' the jury by the fair weight or preponderance of the evidence does not impose too severe a requirement upon him.</p> <p>7. Trial — Instructions. Various instructions held not to be erroneous as introducing extraneous issues.</p> <p>8. Trial — Special Questions. Various special questions submitted by the court to the jury held not to show a trial on a wrong theory.</p> <p>9. Promissory Note — Verdict—Judgment. A judgment on a note and mortgage may be rendered on a verdict in favor of the holder which does not state the amount due, where the only question in dispute was their validity.</p>