The Commercial National Bank v. The Hutchinson Box Board & Paper Company and Emerson Carey
Decision Date | 10 June 1916 |
Docket Number | 20,235 |
Citation | 158 P. 44,98 Kan. 350 |
Court | Kansas Supreme Court |
Parties | THE COMMERCIAL NATIONAL BANK, Appellee, v. THE HUTCHINSON BOX BOARD & PAPER COMPANY and EMERSON CAREY, Appellants |
Decided, January, 1916.
Appeal from Reno district court; FRANK F. PRIGG, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
PROMISSORY NOTE--Parol Contemporaneous Contract Invalid. A parol contract made at the time of or previous to the execution of a negotiable promissory note can not be pleaded nor proved to show that the note was not to be paid at maturity but was to be extended for a definite period.
F. Dumont Smith, of Hutchinson, for the appellants.
Frank L. Martin, Van M. Martin, William G. Fairchild, and Howard S. Lewis, all of Hutchinson, for the appellee.
The plaintiff recovered judgment on a negotiable promissory note. The defendants appeal.
For a statement of the facts in this case and of the questions involved, we quote from the defendants' brief, as follows:
The defendants rely largely on Moody v. Stubbs, 94 Kan. 250, 146 P. 346. There the court said:
"Where a husband and wife execute a deed upon property owned by her and she entrusts it to her husband to be delivered as security for a note executed by him to the grantee, and the husband without her knowledge delivers it under an arrangement made by him with the grantee that the note is to be renewed from time to time, extensions of the time of payment of...
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