Webb v. National Bank

Citations

• 67 Kan. 62
• 72 P. 520
• 1903 Kan. LEXIS 207

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Payment of Preexisting Debt — Burden of Proof. The taking of a note of either the debtor or a third person for a preexisting debt is not payment unless it is expressly agreed to accept such note as payment. Whether it was so taken is a question of fact, and the burden is on the party who asserts it to establish the fact by proof.</p>