Youle v. Fosha
Supreme Court of Kansas
Error from Riley district court; Sam Kimble, judge. STATEMENT. This is an action of replevin, commenced in the district court of Riley county by Henry F. Fosha, January 22, 1904, to recover the possession of a promissory note of which he was the maker. He claimed that the note was obtained by means of false and fraudulent representations, and without consideration. It had been sold, indorsed and delivered to W. E. Youle, who claimed to be an innocent holder thereof.
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Error from Riley district court; Sam Kimble, judge. STATEMENT. This is an action of replevin, commenced in the district court of Riley county by Henry F. Fosha, January 22, 1904, to recover the possession of a promissory note of which he was the maker. He claimed that the note was obtained by means of false and fraudulent representations, and without consideration. It had been sold, indorsed and delivered to W. E. Youle, who claimed to be an innocent holder thereof. The note was sent to a bank in Riley county for collection, whereupon this action was commenced. Plaintiff recovered judgment,…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The plaintiff in error claims that the instructions given by the trial court are erroneous, and that the instruction requested should have been given. On the other hand, the defendant in error insists that, the note having been obtained by false and fraudulent representations, the burden of proof was cast upon the plaintiff in error to establish his claim that he was an innocent holder, and, having failed to do this, the instructions given, even if erroneous, were not prejudicial. He further urges that even if the holder received the note in…
2Cases cited5 opinions
- Grentner v. FehrenschieldSupreme Court of Kansas · 1902
- Provident Loan Trust Co. v. McIntoshSupreme Court of Kansas · 1904
- Fox v. Bank of Kansas CitySupreme Court of Kansas · 1883
- Wood v. StaudenmayerSupreme Court of Kansas · 1896
- White v. SmithSupreme Court of Kansas · 1888
3Cited by11 opinions
- Slaymaker v. Westgate State BankSupreme Court of Kansas · 1987
- People's Bank of Minneapolis v. ReidSupreme Court of Kansas · 1912
- Underwood v. FoshaSupreme Court of Kansas · 1915
- Minnesota Avenue, Inc. v. Automatic Packagers, Inc.Supreme Court of Kansas · 1973
- Ranchmens Trust Co. v. GillSupreme Court of Kansas · 1923
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