Clark v. Skeen
Supreme Court of Kansas
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
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Bullock v. TaylorMichigan Supreme Court · 1878
- Wilson v. CampbellMichigan Supreme Court · 1896
- Seaton v. ScovillSupreme Court of Kansas · 1877
- Walker v. WoollenIndiana Supreme Court · 1876
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3Cited by23 opinions
- Leach v. UrschelSupreme Court of Kansas · 1923
- Security Trust & Savings Bank of Charles City v. GleichmannSupreme Court of Oklahoma · 1915
- Nickell v. BradshawOregon Supreme Court · 1919
- Holliday State Bank v. HoffmanSupreme Court of Kansas · 1911
- First National Bank v. LightnerSupreme Court of Kansas · 1906
18 more not listed; retrieve them via the Exa API.