Legal Opinion

Clark v. Skeen

Supreme Court of Kansas

Decided March 10, 1900No. 10,096PublishedCited by 23 opinions

Error from Barber district court; G. W. McKay, judge. STATEMENT. This was an action to recover upon a promissory note for $3000 and the interest coupons attached thereto, executed by Calvin J. Skeen, Sarah C. Skeen, Gar lie Lane, and Myron J. Lane, in favor of the Jarvis-Conklin Mortgage Trust Company, and to foreclose a mortgage on real estate in Barber county, given by the same parties to secure the payment of the note.

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Error from Barber district court; G. W. McKay, judge. STATEMENT. This was an action to recover upon a promissory note for $3000 and the interest coupons attached thereto, executed by Calvin J. Skeen, Sarah C. Skeen, Gar lie Lane, and Myron J. Lane, in favor of the Jarvis-Conklin Mortgage Trust Company, and to foreclose a mortgage on real estate in Barber county, given by the same parties to secure the payment of the note. The following is a copy of the promissory note, omitting signatures and indorsements : “ Five years after date, for value received, we promise to pay to the order of the…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

In the course of the trial the district court, in ruling on the testimony and instructing the jury, held that the note copied in the foregoing statement is not a negotiable instrument, and the determination of this question will dispose of, or render unimportant, a number of other questions discussed by plaintiff in error. The negotiability of the paper appears to have been challenged on two grounds, and *528the first is that it contains a stipulation that upon default in the payment of interest the whole amount shall become due and then draw…

2Cases cited18 opinions

  1. Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
  2. Bullock v. TaylorMichigan Supreme Court · 1878
  3. Wilson v. CampbellMichigan Supreme Court · 1896
  4. Seaton v. ScovillSupreme Court of Kansas · 1877
  5. Walker v. WoollenIndiana Supreme Court · 1876

13 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Leach v. UrschelSupreme Court of Kansas · 1923
  2. Security Trust & Savings Bank of Charles City v. GleichmannSupreme Court of Oklahoma · 1915
  3. Nickell v. BradshawOregon Supreme Court · 1919
  4. Holliday State Bank v. HoffmanSupreme Court of Kansas · 1911
  5. First National Bank v. LightnerSupreme Court of Kansas · 1906

18 more not listed; retrieve them via the Exa API.

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