Pool v. Gates

Citations

• 116 Kan. 195
• 225 P. 1069
• 1924 Kan. LEXIS 46

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Notes — Valid Notes Exchanged ¡or New Notes and Mortgages —New Notes Given ¡or Valid Consideration. Where, at the inducement of the maker of promissory notes which were valid in the hands of the bona • fide endorsee and holder thereof, the latter accepts new notes with real-estate mortgage security therefor in lieu of the older notes, the new notes and mortgage are valid obligations and have sufficient consideration for their support by the mere fact of their being substituted for the prior' indebtedness.</p> <p>2. Same — Fraud—Findings—No Constructive Fraud. No theory of constructive fraud can be considered to disturb a judgment on appeal, when the trial court, upon the evidence adduced, found that that defendant was not involved in any fraud complained of by appellant.</p> <p>3. Same — Comment by Trial Court — Low Mentality of Plaintiff — Not a Judicial Finding of Fact. Certain comment of the trial court touching the low mentality of the plaintiff considered, and held that such comment was not a judicial finding of fact, nor based upon record evidence, and that no issue thereon had been presented for trial and adjudication.</p> <p>4. Same — Cross Appellants Purchase of Notes — Judgment on Equitable Principles. The circumstances attending the cross appellant’s purchase of an outstanding $15,000 mortgage, and the limitation of his recovery thereon to its actual cost to him considered on broad principles of equity, and no error discerned therein of which either appellant or cross appellant can complain.</p> <p>5. Same — No Reversible Error. Other minor matters urged to justify a reversal considered, and not sustained.</p>