Turner v. Hale
Supreme Court of Kansas
Error from Lememoorth District Oov/rt. Action brought by Henry Hale on ’a promissory note dated May 14th, 1867, payable to L. Turner or order, six months after date, for $500, signed by Truman H. Craig, Will E. Tm-ner, J. 8. Jelly, and indorsed by L. Turner and Rob’t H. Howsley, Defendants answered separately, setting up sundry defenses.
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Error from Lememoorth District Oov/rt. Action brought by Henry Hale on ’a promissory note dated May 14th, 1867, payable to L. Turner or order, six months after date, for $500, signed by Truman H. Craig, Will E. Tm-ner, J. 8. Jelly, and indorsed by L. Turner and Rob’t H. Howsley, Defendants answered separately, setting up sundry defenses. The case was tried by the court, and among other things the court found specially as facts: That James S. Jelly signed the note as surety, and Craig and both Turners* as principals; that notice of protest and demand of payment was duly made and served on…
1Opinion of the Court
Tbe opinion of tbe court was delivered by
Kingman, C. J.:
Tbis was an action on a note in which Jelly was tbe surety of tbe other obligors. Separate answers were filed by tbe defendants. Tbe cause was tried by tbe court, and special findings of fact were made.
In tbe argument, it is claimed that tbe findings of fact.are not sustained by tbe evidence. Tbe record does not purport to contain all tbe evidence. To reverse tbe judgment on tbis ground would place tbis court in tbe position of saying that, with a knowledge of what may be only part of tbe facts, we will overturn a decision of tbe court…
Also in this document: Concurrence.
2Cited by5 opinions
- Ingels v. SutliffSupreme Court of Kansas · 1887
- Redlon v. HeathSupreme Court of Kansas · 1898
- Carnahan v. GustineSupreme Court of Oklahoma · 1894
- Berry Bros. v. Hill, Fontaine & Co.Supreme Court of Oklahoma · 1894
- Clippenger v. HastingsSupreme Court of Arkansas · 1879