Stock Yards State Bank v. Merchants State Bank

The opinion of the court was delivered by

Burch, J.:

The plaintiff has filed a petition for a rehearing in which the following claims are made: The plaintiff’s theory in the lower court was that the defendant was attempting to charge the plaintiff as an undisclosed principal upon Brown’s note. This defense could not be sustained otherwise than by varying the terms of a promissory note by parol evidence. This is distinctly forbidden by the decision of this court in the case of Insurance Co. v. Martindale, 75 Kan. 142, 88 Pac. 559. The Martindale case was cited in the plaintiff’s original brief.…