Morris v. Case
Court of Appeals of Kansas
Memorandum. — Error from ,Cloud district court; F. W. Sturgbs, judge. Action on a promissory note by Theodore A. Case against A. E. Morris. Judgment for plaintiff. Defendant brings the case to this court. STATEMENT OE THE CASE.
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Memorandum. — Error from ,Cloud district court; F. W. Sturgbs, judge. Action on a promissory note by Theodore A. Case against A. E. Morris. Judgment for plaintiff. Defendant brings the case to this court. STATEMENT OE THE CASE. Theodore A. Case, defendant in error, brought suit in the district court of Cloud county to recover of A. E. Morris, plaintiff in error, the amount due on the following promissory note : “$800. Kansas City, Mo., Nov. 11, 1890. “Five months after date, for value received, we promise to pay to Union Investment Company, or order, $800, at the American National Bank of…
1Opinion of the Court
The opinion of the court was delivered by
Gilkson, P. J. :
The only question presented in this case is, Upon whom was the burden of proof? “In all actions, allegations of the execution of written. instruments and indorsements thereon . shall be taken as true unless the denial of the same be verified. . . .” (Civ. Code, §108 ; Gen. Stat.1889, ¶ 4191.) The first question then to be answered is, Does the petition contain any allegation of indorsement upon the instrument declared upon? This we must answer in the negative. It could with as much propriety be said that, because the note shows on its'…
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