Redfield State Bank v. Myrick

Citations

• 108 Kan. 191
• 194 P. 648
• 1921 Kan. LEXIS 8

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — In Hands of Indorsee — Original Payee Not a Necessary Party Defendant. Under section 38 of the civil code (Gen. Stat. 1915, § 6928), it is the privilege of a plaintiff holder of a promissory note to sue any or all of the persons severally liable thereon, and it is.not error to overrule the defendants’ motion that the original payee be made a party defendant in the action. • .</p> <p>2. Same — No Defense Shown — Verdict Properly Directed. The rule followed that in an action on a promissory note, when the plaintiff has completely established his cause of action as a holder in due course before maturity, and the defendants submit no evidence to the contrary, it is proper for the trial court to instruct the jury to return a verdict for the plaintiff.</p> <p>3. Same — Holder in Due Course — Alleged Alteration of Note. Where a holder in due course seeks to enforce a negotiable promissory note against the makers, and an issue arises as to whether the note was altered after its execution, the holder, not being a party to the alleged alteration, may waive all controversy on such point and enforce payment thereof “according to its original tenor,” under authority of the statute. (Gen. Stat. 1915, § 6652.)</p> <p>4. Same — Matters of Defense — Excluded Evidence Not Produced on Motion for New Trial. Matters of defense, even if competent, which were sought to be developed by questions to witnesses, but which were ruled out by the trial court, furnish .no basis for reversible error unless the evidence thus excluded is presented to the trial court in support of a motion for a new trial.</p>