School District v. Carter
Supreme Court of Kansas
Error from Shawnee District Cowrt. Action by Carter as assignee of William Collins upon an account for rent. On the trial evidence was given showing Collins’ ownership of the premises, the use and occupation thereof by School District No. 23, Shawnee county, and the value of such use and occupation. Other facts are stated in the opinion. The plaintiff had judgment at the June Term 1872, and the School District brings the case here on error.
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Error from Shawnee District Cowrt. Action by Carter as assignee of William Collins upon an account for rent. On the trial evidence was given showing Collins’ ownership of the premises, the use and occupation thereof by School District No. 23, Shawnee county, and the value of such use and occupation. Other facts are stated in the opinion. The plaintiff had judgment at the June Term 1872, and the School District brings the case here on error. The assignment by Collins to Carter of his claim for the rent in question is not such a “written instrument” as §108 of the code provides “shall be taken…
1Opinion of the Court
The opinion of the court was delivered by
"Valentine, J.:
John F. Carter brought his action against a school district on an account for rent due and owing from the district to one William Collins. Carter alleges in his petition that Collins assigned said account to him by means of a certain written instrument, a copy of which written instrument he sets out in full as an exhibit'-to his petition. The school district answers by a general denial, without verification. On the trial the plaintiff Carter offered said written assignment in evidence, to which the defendant (the school district)…
2Cases cited1 opinion
- Wilson v. FullerSupreme Court of Kansas · 1872
3Cited by6 opinions
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- Life Ass'n of America v. CookSupreme Court of Kansas · 1878
- Bierce v. State Nat. Bank of Memphis, Tenn.Supreme Court of Oklahoma · 1912
- Central Branch Union Pacific Rld. v. WilcoxSupreme Court of Kansas · 1875
- J. E. Hayner & Co. v. Eberhardt & SudendorfSupreme Court of Kansas · 1887
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