State Bank v. Abbott

Citations

• 104 Kan. 344
• 179 P. 326
• 1919 Kan. LEXIS 262

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleading — Leave to Verify Answer — Motion for Continuance — Judicial Discretion. The granting of permission to defendant at the opening of the trial to verify an answer which was a general denial and which previously had been verified by defendant’s counsel, and the refusal of the court on application by plaintiff to grant a continuance because of the reverification, does not disclose an abuse of discretion by the court, nor afford ground for a reversal.</p> <p>2. Oral Chattel Mortgage — Without Delivery of Property. A party may give an oral mortgage on his property which will be valid as between the parties to it without delivery of the property mortgaged, provided such oral agreement has the elements necessary to constitute a valid written mortgage.</p> <p>3. Same — No Error in Instructions. The evidence in the case warranted the court in giving an instruction as to what is necessary to constitute a valid oral chattel mortgage, and the omission to give the jury an instruction relating to a written mortgage, the same not being requested, was not prejudicial error.</p> <p>4. Same — Exclusion of Evidence — No Error. A writing offered in evidence is held to be so indefinite in its character, and so remote in its application to the case, that its exclusion was not error.</p> <p>5. Same — Testimony Concerning Conversations with Persons Since Deceased. Testimony given by defendant as to a conversation between a deceased person and a stranger, heard by the defendant, but in which she did not participate, was properly admitted in evidence, and where the plaintiff on cross-examination drew from defendant communications between her and the deceased, the disqualification was thereby waived, and plaintiff cannot complain of the admission of such communications.</p> <p>6. Same — Evidence—Findings■—Judgment. . The evidence is deemed to be sufficient to sustain the findings and judgment made and rendered.</p>