Ecton v. Harlan
Supreme Court of Kansas
Error from Crawford District Court. Action, by Eaton, upon a promissory note, and to foreclose a mortgage. Plaintiff claimed $2,570, with interest. Trial at September Term 1876 of the district court, A. A. H., judge pro tern., presiding. The defense interposed, and the proceedings, sufficiently appear from the subjoined opinion.
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Error from Crawford District Court. Action, by Eaton, upon a promissory note, and to foreclose a mortgage. Plaintiff claimed $2,570, with interest. Trial at September Term 1876 of the district court, A. A. H., judge pro tern., presiding. The defense interposed, and the proceedings, sufficiently appear from the subjoined opinion. The jury returned a verdict for plaintiff for $250 — whereupon plaintiff moved to set such verdict aside, and for a new trial, “for error in the assessment of the amount of the recovery, which amount was entirely too small,” and “for error of law occurring at the…
1Opinion of the Court
*453The opinion of - the court was delivered by
Valentine, J.:
This was an action on a note and mortgage. The note was executed by Israel G. Harlan and his wife Mary, to Lawson C. Holmes, dated 10th November 1871, for $2,570, due in one year, with interest after maturity at the rate of ten per cent, per annum, and was indorsed in blank by said Holmes. The defendants, Harlan and wife, set up the defenses, that the note was procured from them by fraud, and without sufficient consideration; that it was paid; and that the plaintiff Ecton had full notice of these facts when the note was assigned to him.…
2Cases cited1 opinion
- Rahm v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
3Cited by6 opinions
- Mann v. Second National BankSupreme Court of Kansas · 1886
- Osborne v. YoungSupreme Court of Kansas · 1882
- State ex rel. Carmons v. WoodsSupreme Court of Kansas · 1918
- Winfield National Bank v. McWilliamsSupreme Court of Oklahoma · 1900
- Challiss v. WoodburnCourt of Appeals of Kansas · 1896
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