Mann v. Second National Bank
Supreme Court of Kansas
Error from Doniphan District Court. Action by the Second National Bank of Springfield, Ohio, against Mann and another, on a negotiable promissory note. Trial at the September Term, 1882, of the district court, and verdict for plaintiff for $153. New trial denied, and judgment accordingly. The defendants, alleging error, have brought this judgment here. The opinion states the ease.
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Error from Doniphan District Court. Action by the Second National Bank of Springfield, Ohio, against Mann and another, on a negotiable promissory note. Trial at the September Term, 1882, of the district court, and verdict for plaintiff for $153. New trial denied, and judgment accordingly. The defendants, alleging error, have brought this judgment here. The opinion states the ease. The payee of the note was president of the machine company, a director in the bank, and a member of its “discounting committee.” As such payee he was bound to know that the consideration had failed. It was for the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a negotiable promissory note. Trial by jury. The court instructed the jury peremptorily to find for the plaintiff, and of this defendants complain. The note was given in payment of a Champion harvester and cord binder. In the sale of this machine a warranty was given, and the defense was a breach of the warranty, and therefore a failure of the consideration. Upon the trial, testimony was offered in support of this defense, and finally it was admitted that the defendants were entitled to a verdict, unless the plaintiff…
2Cases cited10 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Dresser v. Missouri & Iowa Railway Construction Co.Supreme Court of the United States · 1876
- Farmers & Citizens' Bank v. PayneSupreme Court of Connecticut · 1857
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3Cited by29 opinions
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- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- National Bank of California v. MinerCalifornia Supreme Court · 1914
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