Printable Format52-301.
History: L. 1905, ch. 310, § 31; R.S. 1923, 52-301; Repealed, L. 1965, ch. 564, § 416; January 1, 1966.
CASE ANNOTATIONS
1. Mutual and concurrent promises sufficient consideration for check. Hawkins v. Windhorst, 82 Kan. 522, 524, 108 P. 805.
2. Accommodation endorser who pays note becomes holder in due course; "remitted to his former rights," not applicable to accommodation endorser. Lill v. Gleason, 92 Kan. 754, 759, 142 P. 287.
3. Endorsement may be written upon any part of the instrument; where payee writes name under maker's he signs as endorser. Lumber and Coal Co. v. Robbins, 104 Kan. 619, 621, 180 P. 264.
4. Bank unauthorized to accept bill of exchange payable in future; bank may not loan its credit. Ingersoll v. Bank, 110 Kan. 122, 126, 202 P. 837.
5. Consideration for notes presumed. Drake v. Seck, 116 Kan. 717, 718, 229 P. 67.
6. Defendant must overcome presumption of consideration. Home State Bank v. DeWitt, 121 Kan. 29, 31, 245 P. 1036.
7. Evidence of consideration unnecessary to avoid demurrer. Campbell v. Wilcoxen, 134 Kan. 500, 501, 7 P.2d 46.
8. Evidence of illegality of consideration held sufficient as against demurrer. First Nat'l Bank v. Strawn, 145 Kan. 934, 67 P.2d 589.
9. Promissory note and mortgage in writing import a consideration. Niebauer v. Bivins, 149 Kan. 260, 268, 87 P.2d 619.
10. Consideration is presumed; action on check. Glenn v. Lukenbill, 192 Kan. 514, 515, 517, 389 P.2d 792.