White v. Smith

Citations

• 79 Kan. 96
• 98 P. 766
• 1908 Kan. LEXIS 195

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Promissory Note—Execution Admitted by Pleadings—Evidence of Alteration. Where in an action on a promissory note -the plaintiff attaches to his petition a copy of the note sued on, and the defendants admit the execution thereof, they can not, on the introduction of evidence, be heard to say that the note was changed after its execution. The admission is of the execution of the note in the very form pleaded.</p> <p>2. -Execution Fraudulently Procured — Parol Evidence. In such a case, if it be pleaded in defense that the execution of the note was procured through fraud by the plaintiff, parol evidence is admissible to prove such-defense; also, if pleaded that at the time the note was signed and delivered by some of the defendants it was agreed that it should be returned if a certain man or number of men did not likewise obligate themselves and sign the note, it may be proved by parol evidence.</p>