Kurth v. Farmers & Merchants State Bank

The opinion of the court was delivered by

Johnston, C. J.:

In an action brought by the Farmers and Merchants State Bank of Leonardville, Kansas, to recover on a promissory note executed by Otto Kurth and ten others, the bank in its petition set out the following copy of the instrument:

“$600. Riley, Kan., December 15, 1904.

“Jan. 1, 1906, after date, for value received, we jointly and severally promise to pay Robert Burgess and Thos. Lukyn, or bearer, six hundred dollars at the-, with interest at six per cent, per annum, interest payable annually, negotiable and payable without defalcation or…