Title Loan & Investment Co. v. Fuller

Citations

• 105 Kan. 395
• 184 P. 727
• 1919 Kan. LEXIS 91

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note — Payable on Demand — “Unreasonable Length of Time” Before Negotiation — “Holder in Due Course.” Section 60 of the negotiable-instruments law (Gen. Stat. 1915, § 6580), providing that when an instrument payable on demand is negotiated an unreasonable length of time after issue, the holder is not deemed a holder in due course, applied, and held that twenty months was an unreasonable length of time.</p> <p>2. Same — Trial—-Imposing Burden of Proof — Trial Before the Court. Rule applied that error in imposing the burden of proof in a trial before the court is not ground for reversal, in the absence of a showing of special prejudice.</p> <p>3. Same — Refusal of Plaintiff to Assume Burden of Proof — Action Rightfully Dismissed. Where it appears from the pleadings and statements of counsel that the plaintiff’s right to recover on a promissory note depends on a partnership accounting, and the plaintiff refuses to proceed after the burden of proof has been placed on him, the court may rightfully dismiss the action.</p>