The American State Reports (Volume 19); Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions"

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Dbetllino v. First National Bank. ]4.l Kansas, 197.] Practice. ? Where an original petition is answered by a general denial, and by setting up other matters in defense, and is replied to by a general denial, a second answer not setting forth any new matter need not ba replied to. Negotiable Instruments ? Suit On Nots ? Order or Proof.?In an action by the assignee of a note given in payment of a thrashing-machine, warranted by the seller, after the plaintiff has testified that he purchased the note before due, and without knowledge of any equities, the court may require the defendant, before offering evidence of a breach of the warranty ami failure of consideration, to show that the note was either transferred after maturity, or without a valuable consideration, or taken with notice of defendant's equities. Negotiable Instruments?Innocent Purchaser Tor Vauje.?If a bank discounts a note before due aud places the amount to the credit of the payee, this alone will not constitute the bank a bona fide purchaser for value against equities; but if the payee subsequently checks against and exhausts the amount of his credit at the time the note was placed to his account, including the amount of the note, before the bank has notice of any equities, it will be considered an innocent purchaser for value. H. D. Gilkeson, for the plaintiffs in error. Reeder and Reeder, and W. P. Montgomery, for the defendant in error. Holt, C. This was an action in the Ellis district court on a negotiable promissory note; trial by jury; the court directed them peremptorily to find for the plaintiff for the unpaid balance of the note. The defendants, as plaintiffs in error, complain of this direction of the court, and of certain rulings concerning the pleadings. The action was commenced by...