Merchants Savings Bank v. Moore
Court of Appeals of Kansas
Error from Osborne District Court. Hon. Cyrus Heren, Judge. This was an action brought in the court below by the Merchants Savings Bank against Israel Moore and Elizabeth Moore, husband and wife, and others, for the recovery of eight hundred dollars and interest on a promissory note, and for the recovery of $92.25 paid for taxes, and to foreclose a mortgage.
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Error from Osborne District Court. Hon. Cyrus Heren, Judge. This was an action brought in the court below by the Merchants Savings Bank against Israel Moore and Elizabeth Moore, husband and wife, and others, for the recovery of eight hundred dollars and interest on a promissory note, and for the recovery of $92.25 paid for taxes, and to foreclose a mortgage. Defendants filed an answer, consisting of, first, a general denial, second, an admission of the execution and delivery of the note and mortgage, third,-an allegation of payment to the Kansas Trust and Banking Company, of Atchison, Kan.,…
1Opinion of the CourtMcElroy, J.
The plaintiff in error assigns for error that part of the instruction given by the court below to the jury, to the effect that, although it was *364proven that the plaintiff below was the owner of the Moore note, yet, as the assignment of it on the back thereof was not an indorsement in a commercial sense, the defendants below, Moore, were entitled to credit on such note for any sums paid by them to the Kansas Trust and Banking Company, under an agreement with such company that the same should be so credited.
The assignment of the note is in words as follows :
“For value received, the Kansas Trust…
2Cases cited2 opinions
- Hatch v. BarrettSupreme Court of Kansas · 1885
- Hale v. HitchcockCourt of Appeals of Kansas · 1896