Royal v. Lindsay
Supreme Court of Kansas
Error from Sedgwick District Court. A single question is presented and decided in this case, as to which the facts and proceedings fully appear in the opinion. The district court, at the June Term 1874, gave judgment in favor of Lindsay, against Royal and wife, and another, defendants. The defendants bring the ease here for review. The answer clearly sets up a valid agreement for an extension for one year of the time for the payment of the note in suit.
Read the full summary
Error from Sedgwick District Court. A single question is presented and decided in this case, as to which the facts and proceedings fully appear in the opinion. The district court, at the June Term 1874, gave judgment in favor of Lindsay, against Royal and wife, and another, defendants. The defendants bring the ease here for review. The answer clearly sets up a valid agreement for an extension for one year of the time for the payment of the note in suit. A payment of interest in advance, or an agreement to pay interest in a manner different from that provided for in the contract, or, after a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought by defendant in error to foreclose a note and mortgage. The answer alleged an agreement to extend the time of payment of the note, and that under such agreement the note was not yet due. Upon the trial the district court excluded all testimony under *593the answer; so the only question now is, whether the answer set up a valid agreement for the extension of time of payment. It unquestionably alleges an agreement on the part of the payee to extend. Does it disclose a consideration for such agreement, or does it appear…
2Cases cited6 opinions
- Parmelee v. . ThompsonNew York Court of Appeals · 1871
- Gibson v. IrbyTexas Supreme Court · 1856
- Kellogg v. . OlmstedNew York Court of Appeals · 1862
- Kelly v. GillespieSupreme Court of Iowa · 1861
- Payne v. PowellTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hubbard v. OgdenSupreme Court of Kansas · 1879
- Maker v. TaftSupreme Court of Oklahoma · 1914
- Lorimer v. FairchildSupreme Court of Kansas · 1904
- Andregg v. SparrowSupreme Court of Kansas · 1940
- Jackson v. HallSupreme Court of Kansas · 1934
2 more not listed; retrieve them via the Exa API.