McCreary v. Parsons
Supreme Court of Kansas
Error from Jackson District Court. Action brought by Caroline M. Parsons, as executrix of the last will of John R. Parsons, deceased, against John McCreary and two others, to recover the remainder due on a certain promissory note, and to foreclose a mortgage given to secure its payment. . Trial at the April Term, 1883, and judgment for plaintiff. The defendants bring the case here. The facts are stated in the opinion.
1Opinion of the Court
*448The opinion of the court was delivered by
Horton, C. J.:
The note sued on, which was non-negotiable, was executed by John McCreary, one of the plaintiffs in error, to the firm of Holland, Frear & Wilson, for certain territory covered by the Frear stone patent and the right to make, use and sell therein material manufactured under the patent. The defenses relied upon to defeat the recovery upon the note were, fraud and deceit upon the part of the payees in inducing the contract concerning which the note was given, and therefore failure of consideration. The note was executed May 7, 1870, for…
2Cases cited2 opinions
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Portage County Mutual Insurance v. WetmoreOhio Supreme Court · 1848
3Cited by5 opinions
- Hartwell v. Equitable Manufacturing Co.Supreme Court of Kansas · 1908
- Jennings v. BrownSupreme Court of Oklahoma · 1908
- Ranchmens Trust Co. v. GillSupreme Court of Kansas · 1923
- Custer v. RoyseSupreme Court of Kansas · 1919
- Muenzenmayer v. HoodSupreme Court of Kansas · 1916