Legal Opinion

Eaton v. Whitmore

Court of Appeals of Kansas

Decided June 4, 1896No. 146PublishedCited by 4 opinions

Memorandum. — Error from Smith district court; Cyrus PIeren, judge. Action by A. S. Eaton against S. S. Whitmore and H. L. Simmons upon a promissory note. Judgment for defendants. Plaintiff brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Gahver, J.:

On February 1, 1892, H. L. Simmons, as surety for S. S. Whitmore, joined with the latter in the execution of a note for $304.80 in favor of A. S. Eaton, payable April 4, 1892, with interest from date at the rate of 10 per cent, per annum. July 20, 1892, this action was commenced by Eaton against the makers of the note to recover the amount of the same. Simmons answered, alleging an agreement between Whitmore and Eaton for an extension of the time of payment of the note without his knowledge or consent, by reason whereof he claimed to be…

2Cases cited4 opinions

  1. Fulton v. MatthewsNew York Supreme Court · 1818
  2. Dudley v. ReynoldsSupreme Court of Kansas · 1863
  3. Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
  4. Chute v. PatteeSupreme Judicial Court of Maine · 1854

3Cited by4 opinions

  1. Fanning v. MurphyWisconsin Supreme Court · 1906
  2. Lorimer v. FairchildSupreme Court of Kansas · 1904
  3. Nelson v. FlaggWashington Supreme Court · 1897
  4. Ferris v. JohnsonMichigan Supreme Court · 1904

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