Offenstein v. Weygandt

Citations

• 89 Kan. 739
• 132 P. 991
• 1913 Kan. LEXIS 113

Syllabus

<p>SYULABUS BY THE COURT.</p> <p>1. Mortgage — Partial Assignment on Separate Paper — Transferee Not an Innocent Holder. The assignment upon a separate paper of a partial interest in a mortgage does not operate as a negotiation of the instrument or the debt secured thereby so as to render the transferee a holder in due course. (Gen. Stat. 1909, ¶¶ 5284, 5285.)</p> <p>2. - Same. Where such a partial assignment has been made and filed for record and thereafter the note is paid in full to the payee, who surrenders it and the mortgage to the payors, they can not maintain an action against him to recover that part of the payment represented by such transfer.</p>