National Bank v. Dickinson

Citations

• 102 Kan. 564
• 171 P. 636
• 1918 Kan. LEXIS 95

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Makers Primarily Liable. Those who sign a promissory note as makers are primarily liable thereon.</p> <p>2. Same — Negotiability Not Destroyed. A note signed by five joint makers contained this language:</p> <p>“We, the makers, sureties, endorsers and guarantors of this note, hereby severally waive presentment for payment, notice of nonpayment, protest and notice of protest and consent that time of payment may be extended without notice thereof to any of the sureties of this note.”</p> <p>Held, that such note is negotiable.</p> <p>3. Same — No Surety Indicated on Note. Under the law as expressed in the negotiable-instruments act there was nothing on such note to indicate that any party thereto was a surety, and the quoted sentence was meaningless and did not render the instrument a courier impeded with luggage.</p>