Johnson v. Eaton
Supreme Court of Kansas
Error from Elk District Court. Action by Permelia Johnson against Elizabeth Eaton and others to recover on a promissory note. Judgment for the defendants at the February term, 1890. Plaintiff comes here. The opinion states the facts. A gift, to become effective, must be accompanied by either an actual or a constructive delivery. This the evidence wholly fails to establish.
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Error from Elk District Court. Action by Permelia Johnson against Elizabeth Eaton and others to recover on a promissory note. Judgment for the defendants at the February term, 1890. Plaintiff comes here. The opinion states the facts. A gift, to become effective, must be accompanied by either an actual or a constructive delivery. This the evidence wholly fails to establish. A mere agreement to pay off the mortgage, without other consideration than that of love and affection, cannot be enforced. Nothing short of the actual consummation of the agreement can bind the donor, or heir, or legatee.…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
Permelia Johnson, as plaintiff, brought this action on a promissory note for $500, and attached an interest coupon given by Elliott Johnson and Ella V. Johnson to Griffith & Russell, and to foreclose a mortgage given to secure the same. The lands described in the mortgage had been conveyed subject thereto to the defendant Elizabeth Eaton. The evidence shows that John Johnson, husband of the plaintiff, and father of Elizabeth Eaton, paid off this mortgage and had the same indorsed by Griffith & Russell and delivered to him. The payment was…
2Cited by4 opinions
- Ariett v. Osage County BankSupreme Court of Kansas · 1926
- Gallagher v. DonahySupreme Court of Kansas · 1902
- Packard v. PackardSupreme Court of Kansas · 1915
- Wood v. Bank of WhitewaterSupreme Court of Kansas · 1914