Ross v. Holman

Citations

• 97 Kan. 331
• 155 P. 37
• 1916 Kan. LEXIS 294

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Legality of Consideration — Put in Issue by Answer. The legality oí the consideration íor a note sued on is put in issue by ■ an answer which alleges that there was no legal consideration for the note, and sets out the illegal transaction out of which the indebtedness arose for which the note was given.</p> <p>2. Same — Illegal Consider atiorir — “Dealing in Futures” — Fact for Jury. In an- action on a promissory note, where the defense is that the consideration for the note was an indebtedness incurred in transactions prohibited by law, and there is evidence tending to support that defense, it is error to refuse to give an instruction submitting- that question'to the jury.</p> <p>S. Same. In such an action, Where the evidence is conflicting, it is not error to refuse to .render judgment for the defendant on the pleadings and the evidence.</p>