Stevens v. Keegan

Citations

• 103 Kan. 79
• 172 P. 1025
• 1918 Kan. LEXIS 189

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — “Holder in Due Course” — Evidence—Set-off and Counterclaim. No defense, counterclaim or set-off can reduce the amount of the judgment that should be rendered on a negotiable promissory note in the hands of one who took it from one who claimed to hold it in due course, where the defense of want of good faith in acquiring the note by such holder is set up against the note, and the special findings of the jury show that the defense has not been established by the evidence.</p> <p>2. Same — Assignment—When Subject to Equities and Defenses. One who acquires a negotiable promissory note, by an assignment written on a separate piece of paper, from one who is not a holder in due course, takes the note subject to all equities and defenses in favor of the maker.</p>