Stewart v. Power
Supreme Court of Kansas
Error from Doniphan Distriot Court. Action by Stewart & Humphrey, as plaintiffs, to recover the sum of $570 and interest on two notes executed by defendant W. R. Power for $1,000, and to foreclose a mortgage executed by Power and wife.
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Error from Doniphan Distriot Court. Action by Stewart & Humphrey, as plaintiffs, to recover the sum of $570 and interest on two notes executed by defendant W. R. Power for $1,000, and to foreclose a mortgage executed by Power and wife. The defendants answered that the notes and mortgage were executed in consideration of a promise and agreement of the plaintiffs to deliver to Power $1,000 worth of nursery stock at Marysville, Kansas, by a certain time; that the plaintiff had failed to deliver only $570 worth, and that the delivery of that was delayed so that it was all lost, and claiming…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The first two grounds of error presented by counsel in their brief seem scarcely warranted by the record. It is said that the court erred in sustaining a challenge for cause. The record is not altogether clear, but it seems more probable that the juror was excused at his own request, than on account of the challenge. It says that the juror was challenged for cause, and the challenge sustained. But it also says that the juror stated that if one of the witnesses in the cáse, an agent of the plaintiffs, was to be affected by the result, he…
2Cases cited6 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Myers v. . BurnsNew York Court of Appeals · 1866
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- State v. DicksonSupreme Court of Kansas · 1870
- D. Morrison & Co. v. LovejoySupreme Court of Minnesota · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Minneapolis Threshing MacHine Co. v. BradfordMissouri Court of Appeals · 1921
- York-Draper Mercantile Co. v. LuskSupreme Court of Kansas · 1891
- Wallingford v. Bushton Grain & Supply Co.Supreme Court of Kansas · 1917
- Kansas Flour Mills Co. v. BrandtSupreme Court of Kansas · 1916
- Kansas Flour Mills Co. v. DirksSupreme Court of Kansas · 1917
7 more not listed; retrieve them via the Exa API.