55 Kan. 617 | Kan. | 1895
The opinion of the court was delivered by
The original action was brought by the defendants in error against the plaintiff in error in the court of common pleas, November 14, 1890, to recover upon a promissory note for $3,075, dated July 3, 1886, and payable to the order of S. Kingsbaker & Bros, one day after date, with interest at 6 per cent, per annum. It was indorsed after maturity to the defendants in error, and the plaintiff in error paid interest upon it to July 3, 1889. Louis Kingsbaker was a traveling salesman and a member of the firm of S. Kingsbaker & Bros., of Quincy, Ill., while Getto was a resident of Wichita; and the only defense necessary to mention was in substance that Getto and Louis Kingsbaker agreed to purchase certain lots in Wichita on joint account, the money to be obtained by draft upon S. Kingsbaker & Bros., and Getto was to pay 6 per cent, interest on one-half the amount borrowed, and the title to the property purchased was to be taken in the names of Getto and Louis Kingsbaker, and, when the lots were sold, the money borrowed was to be repaid, and the profits divided equally between Getto and Louis Kingsbaker, and that the note was given as a mere memorandum to show the amount received for Getto’s use, and that the lots had not been sold.
The evidence may be sufficient to raise the question . whether the date of maturity of the promissory note
The decision of the court below might well be sustained on another ground. If a condition had been inserted in the note that it was payable out of the proceeds of the sale of the lots, yet it would have become due in a reasonable time. (Jones v. Eisler, 3 Kas. 184, 139 ; Palmer v. Hummer, 10 id. 464 ; A. T. & S. F. Hid. Co. v. Burlingame Township, 36 id. 628, 633, 634; Smithers v. Junker, 41 Fed. Rep. 101.) And in this
The judgment will be affirmed.