Wilcox v. Eadie

Citations

• 65 Kan. 459
• 70 P. 338
• 1902 Kan. LEXIS 73

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>•Note and Mortgage — Maturity in Case of Default — Exercise of Option. When a promissory note and trust deed, given as security, contain an option authorizing the owner to declare the entire debt due upon default in the payment of interest, and the exercise of this option by an agent before the maturity of the paper is relied on to support a plea of the bar of the statute of limitations, it must be shown, to establish the defense, that the agent •was authorized to decjare the paper due before maturity, and proof that such agent received payments of interest, and wrote a letter attempting to declare the option, is not sufficient evidence of authority.</p>