Stevens v. Vermillion

Citations

• 102 Kan. 408
• 170 P. 807
• 1918 Kan. LEXIS 53

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note. — Pleading—Onvission of Indorsement on Copy of Note —Amendment of Petition. In an action upon a promissory note, where it had been alleged that the note had been purchased and transferred to plaintiff-in due course, but the copy of the note set forth in the petition failed to show a written indorsement of the note, and where upon the trial evidence was received, without objection, of a transfer of the note by a written indorsement before maturity, and the case was tried by the parties as if the plaintiff was a holder in due course, the court, on objection to the sufficiency of the petition at the close of the evidence, should have allowed plaintiff to amend his petition to conform to the proof.</p>