First National Bank v. Abmeyer

The opinion of the court was delivered by

Johnston, C. J.:

This action was here for review on a former appeal. (Abmeyer v. Bank, 76 Kan. 877.) At the second trial the bank assumed the burden of showing that it was the owner of the note in suit. Proof of that kind was offered and the note itself was introduced in evidence. The bank then rested, and, appellant’s demurrer to the evidence having been overruled, he declined to produce any testimony, but submitted the case on the evidence introduced on behalf of the bank. An instruction was asked to the effect that when a note has its inception in…