J. I. Case Threshing Machine Co. v. Peterson
Supreme Court of Kansas
Error from Osage District Court. Action by the Threshing Machine Company against Peterson and another, to recover on a promissory note. At the June term, 1889, there was rendered herein a judgment, on account of which plaintiff comes to this court. The facts appear in the opinion. 1. The court erred in permitting the defendants to prove an alteration of the note, under the verified general denial filed as their answer. See 1 Greenl.
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Error from Osage District Court. Action by the Threshing Machine Company against Peterson and another, to recover on a promissory note. At the June term, 1889, there was rendered herein a judgment, on account of which plaintiff comes to this court. The facts appear in the opinion. 1. The court erred in permitting the defendants to prove an alteration of the note, under the verified general denial filed as their answer. See 1 Greenl. Ev., § 564, note 3; Savings Association v. Barber, 35 Kas. 493; Steph. PI., p. 134. 2. The court erred in refusing to instruct the jury that the burden of proof…
1Opinion of the Court
The opinion of the court was-delivered by
Johnston, J.:
On January 28, 1888, John and Peter Peterson jointly executed a promissory note to the J. I. Case Threshing'Machine Company for $300. The note was payable January 1, 1889, and upon the face of the note upon which action is brought it appeared to bear interest at the rate of 8 per cent, per annum from date. The answer of the' Petersons was a general denial, which was verified. Upon the issue thus formed, the defendants were permitted to introduce testimony tending to show that the note as executed contained no provision for the payment of…
2Cases cited3 opinions
- Meikel v. State Savings InstitutionIndiana Supreme Court · 1871
- First National Bank v. FranklinSupreme Court of Kansas · 1878
- State Savings Ass'n v. BarberSupreme Court of Kansas · 1886
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