Richolson v. Ferguson

Citations

• 87 Kan. 411
• 124 P. 360
• 1912 Kan. LEXIS 161

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Book Entries — Made by Third Party. Under the provisions of the statute that entries in books intended as records of payments and similar matters, made in the regular course of business, at or near the time of the transaction, shall be admissible in evidence on proof that they were so made, the fact that a corporation made certain payments may be shown by its books, although it is not a party to the action.</p> <p>2. Promissory Note — Contract — Defense — Burden of Proof. Where one who had been the general manager of 'a corporation sells his stock under ¿n agreement that a note given in part payment therefor shall be subject to a proportionate deduction on account of any just claims existing against the corporation and not shown by its books, in an action upon the note proof by the defendant that such claims were made against the corporation, and that a new manager paid them after a full investigation, makes out a prima facie case for a deduction, and casts upon the plaintiff the burden of showing that the claims so made and paid were not just.</p>