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CASE ANNOTATIONS

1. Insufficient consideration, defense against person not holding in due course. McMillan v. Gardner, 88 Kan. 279, 283, 284, 128 P. 391.

2. Lack of consideration good defense against subsequent holder with knowledge. State Bank v. Weiser, 117 Kan. 389, 391, 232 P. 613.

3. In suit by payee against maker no consideration good defense. National Bank v. Williams, 117 Kan. 501, 503, 232 P. 252.

4. Partial failure of consideration is defense to that extent. Citizens State Bank v. Shay, 120 Kan. 668, 671, 245 P. 147; Balph v. Broadhurst, 121 Kan. 82, 84, 245 P. 745.

5. Defense has burden of proving failure of consideration. Balph v. Broadhurst, 121 Kan. 82, 245 P. 745.

6. Defense pleaded in connection with contemporaneous oral agreement disallowed. Hudson State Bank v. Haile, 130 Kan. 322, 324, 286 P. 228.

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. Holder acquiring note from insurance company taken illegally for premium; knowledge; defense. Fidelity Savings State Bank v. Grimes, 156 Kan. 55, 58, 131 P.2d 894.

10. Inapplicable where defendant's pleadings show consideration. Lorton v. Henderson, 159 Kan. 697, 709, 158 P.2d 373.

11. Consideration is presumed; action on check. Glenn v. Lukenbill, 192 Kan. 514, 515, 517, 389 P.2d 792.