Pemberton v. Hoosier
Supreme Court of Kansas
The opinion, of the Court gives a full statement of the case. I. The petion was had because it contained no averment of an attempt on the part of plaintiffs to collect the note from Pemberton & Co., in Kentucky. The indorsement on the note contains a condition precedent to bé performed by the payees.
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The opinion, of the Court gives a full statement of the case. I. The petion was had because it contained no averment of an attempt on the part of plaintiffs to collect the note from Pemberton & Co., in Kentucky. The indorsement on the note contains a condition precedent to bé performed by the payees. The words “ if the balancé due on this note is collected in Kentucky,” can have no reasonable intendment unless they refer to some future action, and it is clear from the body of the note that the parties intended that the payees should pursue their remedy against-the assets of Pemberton & Co.,…
1Opinion of the Court
By the Court,
Bailey, J.
This case comes before this • Court on a petition in error praying for? the reversal of a judgment rendered against the plaintiffs in error, and im favor of the defendants in error, in June, ,1859, by- the United States District Court for the First District of the late Territory of Kansas, sitting in the county-of Leavenworth.
The action in the Court below was brought to recover the balance due on a note, of which the following -is a copy :
“ Leavenworth City,- Kansas Territory, 1 “ $2,040. ’ May 1st, 1858.-
“ On or before the first day of October, A. D~ 1858,- we or…
2Cited by3 opinions
- In Re Estate of DahnSupreme Court of Kansas · 1970
- Cron v. ZimmermanSupreme Court of Kansas · 1945
- Merten v. NewforthSupreme Court of Kansas · 1890