Stewart v. Bank of Indian Territory

Citations

• 68 Kan. 755
• 75 P. 1055
• 1904 Kan. LEXIS 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>County Warrants — Limitation of Action — Fraudulent Concealment. One who buys a county warrant which is invalid because issued to the payee to cover the discount to which such warrants were subject on the market ordinarily has an immediate right of action against the vendor for the amount paid. In the absence of any actual intention to conceal the nature of the transaction, the fact that the warrant purports on its face to have beenissued for a valid consideration, and that it was issued upon a verified account, the corresponding item of which was fair on its face, the overcharge, however, being manifest upon a consideration of the entire account, does not constitute such a fraudulent concealment as to suspend the operation of the statute of limitations until the discovery of the invalidity of the warrant by its holder.</p>