Supreme Court of Kansas, 1906

Root v. Wolff

Root v. Wolff
Supreme Court of Kansas · Decided April 7, 1906
73 Kan. 777; 84 P. 1134; 1906 Kan. LEXIS 329

Root v. Wolff

Opinion of the Court

Per Curiam:

In the action on the note defendants pleaded a set-off. In submitting the case the court in one instance stated that the defendants claimed a credit on the note. The credit was in fact claimed in the action by reason of an alleged set-off, the character of which was fully stated. Defendants did ask- that 'the set-off should be applied on an acknowledged indebtedness, and therefore the statement that a credit was claimed on thp note was not prejudicial.

No error was committed in placing the burden of proof on the defendants to establish the claimed set-off.

There is no good reason to complain of the rulings on the admission of testimony, nor in denying the motion for a new trial.

The judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.