Underwood v. Fosha

The opinion of the court was delivered by

DAWSON, J.:

This case was here before (Underwood v. Fosha, 89 Kan. 768, 133 Pac. 866). The comprehensive statement there made need not be repeated.

It is an appeal from a judgment of the district court of Riley county in favor of A. F. Underwood, the holder of two promis*241sory notes executed by Henry F. Fosha, and deposited by him with Henry Quantic to be delivered to the Ashurst Oil, Land and Development Company, a California corporation, for stock in that company when Fosha had satisfied himself as to its property and prospects. The corporation was one…