Shed v. Augustine
Supreme Court of Kansas
Error from Davis District Court. On the 8th of May 1855, at Mendota, Illinois, Augustine, as surety for one Rust, executed his promissory note for $200 payable to the plaintiff six months after date, with interest at the rate of 10 per cent, per annum. The action below was on this note.
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Error from Davis District Court. On the 8th of May 1855, at Mendota, Illinois, Augustine, as surety for one Rust, executed his promissory note for $200 payable to the plaintiff six months after date, with interest at the rate of 10 per cent, per annum. The action below was on this note. Defendant answered, setting up three defenses, first, payment; second, that he signed the note without consideration, and the plaintiff, by agreement with the principal debtor, extended the time of payment one year, and without his knowledge or consent, and for a valuable consideration; third, usury. Trial at…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*2861. separate defences pleading’. *285This was an action in the district court, brought by plaintiff in error against Augustine, on a promissory note signed by him as surety. Plaintiff was the payee of the note. The answer, as it finally stood, contained three *286separate defenses: 1st, usury; 2d, payment; and 3d, an extension of time to the principal, whereby ’ the surety was discharged. Plaintiff claimed that these defenses were inconsistent, and moved the court to require defendant to elect upon which he would stand. This motion the court…
2Cited by7 opinions
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- Gross v. St. Paul F. & M. Ins.U.S. Circuit Court for the District of Minnesota · 1884
- Hodgin v. BartonSupreme Court of Kansas · 1880
- Disney v. St. Louis Jewelry Co.Supreme Court of Kansas · 1907
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