Kelly v. Norton

The opinion of the court was delivered by

Hopkins, J.:

The plaintiff sought to recover the proceeds of a promissory note alleged to have been delivered to him in such manner as to constitute an express trust. He was defeated and appeals.

The note in question reads:

“$1,090. Osawatomie, Kan., March 2, 1922.

“One year after date we promise to pay to the order of Hattie Stout, for value received, ten hundred ninety and no/100 dollars, with interest at seven per cent per annum, said interest payable semiannually; if not so paid to become principal and bear seven per cent per annum interest.

“Payable at…