Friend v. Miller
Supreme Court of Kansas
Error from SedgwicJc Court of Common Pleas. Action to recover upon a promissory note for $1,700, executed by H. F. and J. A. Friend in favor of C. R. Miller, payment of which was guaranteed by W. R. Tucker and William Mathewson.
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Error from SedgwicJc Court of Common Pleas. Action to recover upon a promissory note for $1,700, executed by H. F. and J. A. Friend in favor of C. R. Miller, payment of which was guaranteed by W. R. Tucker and William Mathewson. The defendants below answered, setting up two defenses: The first, that the note was executed without consideration, and was given upon an agreement by the Friends and one N. E. Osborn with Miller, wherein Miller agreed to dismiss all actions then pending in court wherein he was plaintiff and the Friends and Osborn were defendants, and to deliver H. F. Friend certain…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
*145Sim 'recias "uue.oUlcr *144The demurrer to the evidence admitted every fact and conclusion which the testimony most favorable to the defendants below tended to prove. The court could not weigh conflicting testimony nor withdraw the case from the jury because the testimony tending to establish the defense was weak and unsatisfactory. It could not direct a verdict in favor of Miller unless the opposing parties entirely failed to offer proof tending to establish something essential to the maintenance of their defense. (Railway Co. v. Couse, 17…
2Cases cited5 opinions
- Haynes v. . RuddNew York Court of Appeals · 1886
- Dodge v. CoffinSupreme Court of Kansas · 1875
- Kansas Pacific Railway Co. v. CouseSupreme Court of Kansas · 1877
- Gerlach v. SkinnerSupreme Court of Kansas · 1885
- Peed v. McKeeSupreme Court of Iowa · 1876
3Cited by11 opinions
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- Fidelity & Deposit Co. of Maryland v. Grand Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Farrington v. StuckyCourt of Appeals for the Eighth Circuit · 1908
- McCormick Harvesting Machine Co. v. MillerNebraska Supreme Court · 1898
- Blair Milling Co. v. FruitigerSupreme Court of Kansas · 1923
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