Scott v. Geiser Manufacturing Co.

Citations

• 70 Kan. 498
• 78 P. 823
• 1904 Kan. LEXIS 74

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Pleading and Practice. In the absence of a verified denial of an allegation of the indorsement of negotiable paper, or of testimony to the contrary, the indorsee is presumed to be a bona fide holder for value and to have acquired the paper before maturity, discharged of all equities as between the original parties.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Warranty — Limitation. Ordinarily a general warranty of condition does not cover defects which are plain and obvious to the purchaser, or are at the time known to him.</p> <p>2. - Obvious Defects Not Included. Representations as to the condition of a second-hand thrashing-machine known to he defective, made to a purchaser who is experienced in handling such machines and competent to repair them, and who actually did repair the machine sold for the seller and thus learned its condition before accepting it, impose no liability on the seller for breach of warranty, since an obvious defect known to the parties when the general warranty was given is not deemed to be included in it.</p>