123 Kan. 603 | Kan. | 1927
The opinion of the court was delivered by
Dora E. Tegarden brought this action against Ed Brown to recover upon three promissory notes; one was for the
Defendant admitted the execution of the notes but alleged that they were issued without consideration, that they were never sold nor transferred to the plaintiff and she was not the owner thereof; that she never paid any consideration for them, and further that they had not been indorsed to plaintiff before maturity. The defendant assigns many errors, a number of which are not regarded as material and will not require special attention. It appears that there was a former trial of the case, at the end of which a new trial was granted. In the new trial defendant attempted to raise questions on rulings made in the first trial, and has much to say in this appeal as to the effect of the rulings on the first, but these objections are not open to consideration on this appeal. An appeal was taken by defendant from the granting of a new trial at the end of the first trial, which was not prosecuted.
There is complaint that a deposition was not suppressed which was asked on the ground that the testimony was taken in shorthand instead of longhand. It is shown that the testimony was reduced to writing in the presence of the officer taking the depositions and of the witnesses. It was then transcribed by the stenographer and was respectively signed by the witnesses in the Rresence of the officer. It thus appears that there was substantial compliance with the statute governing the taking of depositions (R. S. 60-2837), and hence there was no error in denying the motion to suppress the depositions.
Some other objections are made to rulings on the admission of testimony, but on an examination of them we find them to be without merit.
Complaint is made of the instructions of the court, but it appears that defendant made no objection to them when they were given to the jury. The objections he now makes are mainly that the evidence was not of a kind that warranted the giving of instructions on some of the questions presented, but we find no lack of evidence upon which the instructions were based and no justification for the objection now made.
Most of the defendant’s argument is devoted to what is deemed the insufficiency of the evidence. There were contradictions in it, but these conflicts have been settled by the jury. Abundant evidence is found in the record tending to show that plaintiff owned the notes, had purchased them, that they had been transferred to her before maturity and that she had paid a valuable consideration for them. The findings of the jury on the disputed evidence are conclusive on the parties and also upon this court.
Some other objections are presented, but we find nothing material in them.
The judgment is affirmed.