United States Banking Co. v. Veale

Citations

• 84 Kan. 385
• 114 P. 229
• 1911 Kan. LEXIS 338

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Foreign Laws — Necessity to Plead and Prove. Foreign laws differing from our own and relied on to support a cause of action or a defense must be pleaded and proved.</p> <p>2. Suretyship and Guaranty — Husband and Wife — Laws of Mexico. Under the proof it is held that in Mexico a wife may-become a surety for her husband and guarantee the payment of his debts.</p> <p>3. Contracts — Duress. An obligation signed by a wife, in renewal of one given by her husband, by reason of a statement of one who was a surety on her husband’s obligation, to the effect that if she did not then sign the obligation it would be a great detriment to her husband and result in loss and damage to him, is held, under the attending circumstances, not to have been constrained by duress.</p> <p>4. - Same. Ordinarily it is not duress to bring or threaten to bring an action to enforce a valid obligation, nor to do that which a party has a legal right to do.</p>