Rockefeller v. Ringle
Supreme Court of Kansas
Error from Reno district court; Peter J. Galle, judge. STATEMENT. Frank Rockefeller commenced this action against K. B. Ringle in the district court of Reno county for the sum of $5333.36, which, with interest, he claimed to be due upon three promissory nptes, copies of which are attached to the petition as “Exhibits A, B, C.” The notes were each dated April 9, 1901, and due October 8, 1901, and were the same in form except as to the amount; and each was indorsed with two…
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Error from Reno district court; Peter J. Galle, judge. STATEMENT. Frank Rockefeller commenced this action against K. B. Ringle in the district court of Reno county for the sum of $5333.36, which, with interest, he claimed to be due upon three promissory nptes, copies of which are attached to the petition as “Exhibits A, B, C.” The notes were each dated April 9, 1901, and due October 8, 1901, and were the same in form except as to the amount; and each was indorsed with two credits of payment, the dates of such payments being the same as to each note. The same proportion of the whole amount of…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
At the outset of the trial the plaintiff objected to the introduction of any evidence on the part of the defendant, who assumed the burden of proof, for the reason the answer did not state a defense to plaintiff’s action. This raised the same question as the demurrer to the answer and the motion for judgment on the pleadings, viz., that although the answer purported to state a defense, and prayed for judgment against the plaintiff, it did not put in issue any of the facts alleged in the petition. Whether the .lack of a general denial in the…
2Cases cited5 opinions
- Mann v. Second National BankSupreme Court of Kansas · 1883
- Fox v. Bank of Kansas CitySupreme Court of Kansas · 1883
- Anthony Investment Co. v. LawSupreme Court of Kansas · 1900
- Edwards v. SourbeerSupreme Court of Kansas · 1906
- Gilson v. HaysCourt of Appeals of Kansas · 1896