Fisher v. Pendleton

Robb J.

(concurring in part and dissenting in part): I concur fully with the first conclusion contained in the majority opinion that plaintiff was competent to testify in regard to payments made on the note by Iris Pendleton, but I do not agree with the second conclusion that there was competent evidence to establish the kind of ratification of the payments in controversy that would toll the statute of limitations as to Nelle Pendleton.

In the recent case of Kindsvater v. Hineman, 181 Kan. 990, 317 P. 2d 852, the payee sued the comaker wife on a note that was barred by the statute. In response…