New Blue Springs Milling Co. v. DeWitt

Citations

• 65 Kan. 665
• 70 P. 647
• 1902 Kan. LEXIS 109

Syllabus

<p>SYLLABUS BY THE, COURT.</p> <p>1, Promissory-Notes — Contemporaneous Agreements. A commercial indorsement by the payee on a negotiable promissory note and a contemporaneous written agreement limiting the effect of such indorsement are to be construed as parts of one instrument.</p> <p>2. -Indorser an Improper Party Defendant. When the payee of a negotiable promissory note transfers it to another under a written contract whereby the holder stipulates to collect the note for the mutual advantage of himself and the payee from the maker, the payee is improperly joined as a defendant in a suit on the note by the holder against the maker, for the reason that the interest of the payee in the controversy is not adverse to the plaintiff.</p> <p>■ 3. Practice, District Court — Jurisdiction. The commencement of an action against an adventitious defendant in one county, and service of process on him there, will not give the court jurisdiction of the real defendant, who is served with summons in another county.</p>