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113 Kan. 129

Elliott v. Watts

Supreme Court of Kansas

Decided March 10, 1923

Supreme Court of Kansas · decided 1923-03-10

<p>Appeal from Cherokee district court; Frank W. Boss,'judge.</p>

Affirmed · Decided 1923-03-10

¶1The opinion of the court was delivered by

Johnston, C. J.:

¶2The plaintiff brought this action against the defendants to recover $948.86 upon a promissory note which defendants had executed. The defendants pleaded that the note had been-paid, and their defense was sustained by the verdict of the jury. Plaintiff appeals.

¶3The only question presented on the appeal is that the evidence does not warrant the verdict that was rendered. There was evidence tending to support the finding and there was a strong contrary showing made by the plaintiff. It would serve no good purpose to set forth the evidence at large, which is included in the record. It is enough to say that it has been carefully examined, and while there are some inconsistencies in that of the defendants, who prevailed, it must be held that the matter of payment was a fair question for the determination of the jury. In that state of the record the finding is conclusive on this court and, therefore, the judgment is affirmed.

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