Stevens v. Inch

Citations

• 98 Kan. 306
• 158 P. 43
• 1916 Kan. LEXIS 72

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Oral Agreement That Note Was Not to be Paid— Such Agreement Void. The plaintiff sold her interest in a failing mercantile business to her partner who was without funds, but who hoped to save the business and pay the plaintiff $1000 in three years. The purchaser offered to give a note for the amount but the plaintiff’s agent told her if she did so her commercial rating would be affected, she would have no credit, and her creditors would throw her into bankruptcy. To avoid this the purchaser’s mother and brother signed the note under an oral agreement that it was a mere form, that the debt would be considered the debt of the purchaser, that she could pay it .out of the business, and that if she were unable to do so the makers would not be called on to pay. Held, the note was not unenforceable because of fraud and the written instrument was not impeachable by the contradictory oral agreement.</p>