Benham v. Smith
Supreme Court of Kansas
Error from Oherohee District Court. On June 14, 1889, J. B. Smith brought his action against W. M. Benham and A. T. Lea.upon the following promissory note: “$179.74. Columbus, Kas., May 1, 1885. “On or before one year after date, I promise to pay to the order of J. B. Smith one hundred seventy-nine dollars and seventy-four cents, for value received, negotiable and payable without defalcation or discount, and with interest at the rate of 7 per cent, per annum, and if the…
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Error from Oherohee District Court. On June 14, 1889, J. B. Smith brought his action against W. M. Benham and A. T. Lea.upon the following promissory note: “$179.74. Columbus, Kas., May 1, 1885. “On or before one year after date, I promise to pay to the order of J. B. Smith one hundred seventy-nine dollars and seventy-four cents, for value received, negotiable and payable without defalcation or discount, and with interest at the rate of 7 per cent, per annum, and if the interest be not paid annually, to become as principal and bear the same rate of interest. W. M. Benham, President Odd…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
A preliminary question is raised. It is insisted that the case was not presented for settlement within *497the time fixed by the trial court. On April 25, 1890, the court overruled the motion for a new trial, giving 90 days to make and serve the case, 30 days to suggest amendments, and 10 days to present the ease for settlement, five days’ notice thereof to be given. The time to present the case for settlement ended on the 2d of September, 1890. The case was served in time, and service thereof admitted in writing by the attorneys of plaintiff…
2Cases cited2 opinions
- Hill v. First National BankSupreme Court of Kansas · 1889
- Fullerton v. HillSupreme Court of Kansas · 1892
3Cited by9 opinions
- Western Grocer Co. v. LackmanSupreme Court of Kansas · 1907
- Lonnon v. BatchmanSupreme Court of Kansas · 1918
- Denver, W. & M. Ry. Co. v. AdkinsonSupreme Court of Oklahoma · 1911
- Gardner v. CooperCourt of Appeals of Kansas · 1899
- Weagant v. CamdenSupreme Court of Oklahoma · 1913
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