Legal Opinion

Doolittle v. Ferry

Supreme Court of Kansas

Decided January 15, 1878PublishedCited by 17 opinions

Error from Chase District Court. Action by Doolittle as plaintiff, against J. W. Ferry and C. C. Watson, partners, defendants, as indorsers upon the following promissory note: $700. Cottonwood Falls, Kas., Dec’r 9, 1873. Five months after date I promise to pay to James W. Ferry and C. C. Watson, or order, seven hundred dollars, for value received, at eight per cent, per annum until paid. Samuel D. Hudson.

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Error from Chase District Court. Action by Doolittle as plaintiff, against J. W. Ferry and C. C. Watson, partners, defendants, as indorsers upon the following promissory note: $700. Cottonwood Falls, Kas., Dec’r 9, 1873. Five months after date I promise to pay to James W. Ferry and C. C. Watson, or order, seven hundred dollars, for value received, at eight per cent, per annum until paid. Samuel D. Hudson. The indorsement on the note was as follows: “Pay to J. 8. Doolittle: Ferry & Watson.” Plaintiff offered the note and indorsement in evidence, and made proof of due protest, and notice to…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The defendants were the payees of a negotiable note, and transferred the same to plaintiff in error, by an indorsement in these words: “Pay to J. 8. Doolittle.— Ferry & Watson.” And the important question is, whether testimony is competent to show a parol contract, contemporaneous with said indorsement, that the indorsers should under no event become liable to the indorsee in consequence of said indorsement, and that the same should be operative simply to transfer the title to the paper. That from such indorsement the law implies a…

2Cases cited7 opinions

  1. Bank of United States v. DunnSupreme Court of the United States · 1832
  2. Dale v. GearSupreme Court of Connecticut · 1871
  3. Wilson v. BlackIndiana Supreme Court · 1843
  4. Bank of Albion v. SmithNew York Supreme Court · 1858
  5. Fassin v. . HubbardNew York Court of Appeals · 1874

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3Cited by17 opinions

  1. Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
  2. Johnston v. SchnabaumSupreme Court of Arkansas · 1908
  3. Texas Baptist University v. PattonCourt of Appeals of Texas · 1912
  4. Citizens Bank v. North End State BankSupreme Court of Kansas · 1924
  5. Smythe v. ScottIndiana Supreme Court · 1886

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