Strong v. Moore

Citations

• 75 Kan. 437
• 89 P. 895
• 1907 Kan. LEXIS 81

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Action by Assignee of a Contract — Description of Assignor. Where a company doing business under the name of the Mount Arbor Nursery Company makes a contract for the sale of nursery stock, and afterward assigns and delivers the contract to a third person, who commences an action to recover the amount due thereon, the petition in such an action will not be fatally defective, as against an objection to the introduction of evidence thereunder, merely because it omits to describe the assignor by stating whether it is a corporation, partnership, an unincorporated association, an individual transacting business under that name, or otherwise.</p> <p>2. Practice, District Court — New ■ Trial — Newly Discovered Evidence. A new trial will not be granted on the ground of newly discovered evidence unless it clearly appears that the testimony is new, material, not cumulative, and that it could noj; with reasonable diligence have been obtained at the time of the trial.</p>