Sibert v. Wilder
Supreme Court of Kansas
Error from Douglas District Court. In December 1873 Sibert brought his action against Wilder '& Palm, on a promissory note given by defendants to one W. H. R. Lykins, in August 1867. Defendants paid Lykins $250 on said note, and afterward and in October 1867, after said note was due and payable, Lykins assigned the note to Sibert.
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Error from Douglas District Court. In December 1873 Sibert brought his action against Wilder '& Palm, on a promissory note given by defendants to one W. H. R. Lykins, in August 1867. Defendants paid Lykins $250 on said note, and afterward and in October 1867, after said note was due and payable, Lykins assigned the note to Sibert. In March 1868, one Chancellor Livingston commenced an action against said Lykins, and caused said Wilder & Palm to be summoned therein as garnishees of said Lykins. Said action was continued from term to term, and in October 1873, John H. Wilder, one of the firm of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This action was brought. to recover the amount of a promissory note given by the defendants August 29th 1867, and payable one day after date. The petition was filed December 17th 1873, and consequently the demand is barred by the statute unless the cause of action is saved by subsequent acknowledgment. The acknowledgment relied upon to take the case out of the statute is the affidavit of J. H. Wilder, one of the copartners, taken before the clerk of the court, October 30th 1873, one month and-a-half before suit brought. The language of said…
2Cases cited6 opinions
- Wilcox v. WilliamsNevada Supreme Court · 1869
- Farrell v. PalmerCalifornia Supreme Court · 1868
- Collins v. BaneSupreme Court of Iowa · 1872
- Farmers & Mechanics' Bank v. WilsonSupreme Court of Pennsylvania · 1840
- Taylor v. HendrieNevada Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Bauserman v. CharlottSupreme Court of Kansas · 1891
- Niblack v. GoodmanIndiana Supreme Court · 1879
- Williams v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Doran v. DoranSupreme Court of Iowa · 1909
15 more not listed; retrieve them via the Exa API.