Legal Opinion

Lovejoy v. Citizens' Bank

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 6 opinions

Error from Shawnee District Court. Action by the defendant in error, The Citizens’ Bank, plaintiff below, against the plaintiff in error, C. J. Lovejoy, defendant below, and one J. R. Swallow, wherein the bank sought, as alleged indorsee for value, to charge Lovejoy as indorser of a certain promissory note, of which the following is a copy: • , $1,260. Topeka, Kansas, May 2d, 1873. Ninety days after date I promise to pay to the order of C. J. Lovejoy, pres’t, at The…

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Error from Shawnee District Court. Action by the defendant in error, The Citizens’ Bank, plaintiff below, against the plaintiff in error, C. J. Lovejoy, defendant below, and one J. R. Swallow, wherein the bank sought, as alleged indorsee for value, to charge Lovejoy as indorser of a certain promissory note, of which the following is a copy: • , $1,260. Topeka, Kansas, May 2d, 1873. Ninety days after date I promise to pay to the order of C. J. Lovejoy, pres’t, at The Citizens’ Bank, North Topeka, twelve hundred and sixty dollars, with interest at 12 per cent, per annum, after due until paid;…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

In the case of Doolittle v. Ferry, 20 Kas. 230, Mr. Justice Brewer, in speaking for the court of the indorsement of negotiable paper, said: “Where the law furnishes such apt, brief, and well-known expressions for making the indorsement accomplish exactly what the parties may desire, wise policy demands that each form of indorsement should conclusively carry with it the liability which it implies.” Again, “that those implications should be as conclusive upon all the parties as though the full contract were reduced to writing.” While the…

2Cases cited2 opinions

  1. Dale v. GearSupreme Court of Connecticut · 1871
  2. Doolittle v. FerrySupreme Court of Kansas · 1878

3Cited by6 opinions

  1. Johnston v. SchnabaumSupreme Court of Arkansas · 1908
  2. Texas Baptist University v. PattonCourt of Appeals of Texas · 1912
  3. Smythe v. ScottIndiana Supreme Court · 1886
  4. First National Bank v. ReinmanSupreme Court of Arkansas · 1910
  5. Monroe v. State Bank of Patch GroveWisconsin Supreme Court · 1923

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