Wagler v. Tobin

Citations

• 104 Kan. 211
• 178 P. 751
• 1919 Kan. LEXIS 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Amended Petition before Answer Filed. Before an answer is filed, the plaintiff may amend his petition as to subject matter and parties without leave of court.</p> <p>2. Appeal — Questions Beviewable on Appeal. Only questions raised and determined in the district court are open to review on appeal.</p> <p>3. Promissory Notes — Alleged Alterations — Burden of Proof. In his action to recover on promissory notes and to foreclose a mortgage securing the same, the plaintiff set out some of the negotiations preliminary to the execution of the notes and mortgage, also that because of a modification of their agreement, one set of notes prepared for signing had been substituted” for another, and that certain changes were made in the notes sued on before delivery to make them conform to the final agreement of the parties. The defendant answered alleging that there had been a -fraudulent alteration of the notes after delivery. Held, that the burden of proof to establish fraudulent alteration rested upon the defendant.</p> <p>4. Same — Findings of Trial Court Conclusive. The finding of the trial court upon conflicting and substantial evidence as to the alleged alteration is conclusive upon appeal.</p>