Rodgers v. Slavens

Citations

• 101 Kan. 4
• 168 P. 1088
• 1917 Kan. LEXIS 2

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Account Stated — When Incorrect. An account stated is incorrect when it fails to state all the items of credit to which the debtor is entitled.</p> <p>2. Same — Verified Denial — Issues. It is proper to deny under oath the correctness of an account stated, although the items of debits and credits therein set forth are not disputed, where the defendant’s contention is that the account stated does not pontain all the credits to which he is entitled.</p> <p>8. Promissory Note — When Law of Contract Controls. Between the original parties to a promissory noté, where no rights of holders in due course are involved, the ordinary principles of the law of contracts control.</p> <p>4. Same — Mistake in Signing as Maker Instead of Indorser — Evidence. Where no rights of holders in due course, or of other innocent parties without notice are involved, it may be established by clear, decided and satisfactory proof that the signing of a promissory note as maker was a mistake, and that the signing as an indorser was intended.</p> <p>5. Same — Trial—Judgment Affirmed. The pleadings, evidence, special •findings and verdict in an action between original parties to a promissory note examined, and the judgment affirmed.</p>