Youle v. Fosha

Citations

• 76 Kan. 20
• 90 P. 1090
• 1907 Kan. LEXIS 215

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraud- — Misrepresentations'—Reliance. Relief will not be granted on account of false representations not shown to have been relied upon by the party complaining thereof.</p> <p>2. Promissory Note — Purchaser for Value. Where the holder of a promissory note receives it as a part of an advance payment on a contract which obligates him to drill oil-wells for the indorser, and expends large sums of money in preparation for such work, he will be regarded as a purchaser for value.</p> <p>S. - Innocent Purchaser — Notice—Good Faith. Before the holder of a promissory note received for value and before due can be deprived of the rights of an innocent purchaser it must be shown that he bought it with actual notice of the infirmity or was guilty of bad faith.</p> <p>4. - Replevin by the Maker — Erroneous Instruction. In an action of replevin by the maker of a promissory note to recover the possession thereof from the holder, on the grounds that the payee obtained it by false and fraudulent representations and without consideration, it is error to instruct the jury that “if from all the facts and circumstances shown you believe the defendant had knowledge of sufficient facts to put an ordinarily prudent person upon inquiry, and you further find that the note was obtained by false and fraudulent representations, then your verdict' should be for the plaintiff, even if the defendant paid full value for the note.”</p> <p>5. -Notice of Infirmity after a Bona Fide Sale. Notice of an infirmity in a promissory note, after a bona fide sale thereof, does not affect the purchaser unless he is so situated that he can protect the maker without injury to himself.</p> <p>6. - Instruction as to Notice Erroneously Refused. In an action of replevin by the maker of a promissory note to recover the possession thereof from the holder, on the grounds that the payee obtained it by false and fraudulent' representations and without consideration, it is error, when n