Brewster v. Hall
Supreme Court of Kansas
Error from Bourbon District Court, Action upon a due-bill (non-negotiable,) given by Brewster to Dimon & Swasa, and by them indorsed to Hall. The defense was, that payment had been made to D. & S., by sale and conveyance of certain real property, pursuant to a contract made between defendant and D. & S., of which contract said due-bill was a part. The action was commenced before a justice in Cherokee count-y, and removed to the district court of that county by appeal.
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Error from Bourbon District Court, Action upon a due-bill (non-negotiable,) given by Brewster to Dimon & Swasa, and by them indorsed to Hall. The defense was, that payment had been made to D. & S., by sale and conveyance of certain real property, pursuant to a contract made between defendant and D. & S., of which contract said due-bill was a part. The action was commenced before a justice in Cherokee count-y, and removed to the district court of that county by appeal. The venue was changed to Bourbon district court, where the case was tried at the December Term 1872, before C. W. B., judge…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The error complained of in this case is, that the judgment ivas “contrary to the facts and the evidence.” The case was tried by the court, without a jury, a general finding made in favor of the defendant in error, and no motion for a new trial. The evidence ivas conflicting; but there was clear, positive, and unequivocal testimony supporting the findings. Under such circumstances it is well settled that this court will not disturb the judgment entered by the district court: Carson v. Kerr, 7 Kas., 268; Major v. Major, 2 Kas., 337; Lacy v.…
2Cases cited7 opinions
- Ruth & King v. FordSupreme Court of Kansas · 1872
- Major v. MajorSupreme Court of Kansas · 1864
- Ulrich v. UlrichSupreme Court of Kansas · 1871
- Brumbaugh v. SchmidtSupreme Court of Kansas · 1872
- Lacy v. DunnSupreme Court of Kansas · 1870
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3Cited by2 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- American Bridge Co. v. MurphySupreme Court of Kansas · 1874