Underwood v. Fosha

Citations

• 89 Kan. 768
• 133 P. 866
• 1913 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Notes — Fraud — Bona Fide Holder — Inconsistent Bindings — New Trial. In an action upon two promissory, notes ' . having the same parties and the same history, judgment was rendered for the plaintiff upon one and denied on the other, apparently upon the ground that one was due and one not due when transferred to him. But the plaintiff relied upon the title of his assignor who received both notes before due, therefore the question whether the assignor was an innocent holder for value in due course was a material matter. Upon this question the findings are inconsistent. On a review of the evidence and findings it is held that the verdict should be set aside and a new trial granted upon both notes.</p>