Scott City Northern Railroad v. Bilby

Citations

• 91 Kan. 193
• 137 P. 984
• 1914 Kan. LEXIS 3

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — In Aid of Railroad — Never Delivered — Finding of Jury Conclusive. This action is upon an instrument containing a promise to pay $20,000 upon the completion of a railroad by a certain time over a specified route. Many issues are raised by the pleadings and discussed in the argument, among others the question whether the .instrument had ever been delivered as a subsisting obligation. Upon conflicting evidence this issue was determined by the findings of the jury in favor of the defendants. No error appears in the instructions upon this issue, and the finding of the jury that the instrument was never delivered determines the controversy. A judgment for the defendants is therefore affirmed.</p>