Durban v. Knowles
Supreme Court of Kansas
Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action to recover on a written guaranty of payment by Edwin Knowles of a promissory note of $1500, made June 7,1888, and, also, a like guaranty of three certificates of deposit issued by the State Bank of Brookville, Kansas, dated October 19,1893, payable four months after date. The defendant was the father of E. C. Knowles, who was vice-president of that bank.
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Error from Shawnee district court; Z. T. Hazen, judge. STATEMENT. This was an action to recover on a written guaranty of payment by Edwin Knowles of a promissory note of $1500, made June 7,1888, and, also, a like guaranty of three certificates of deposit issued by the State Bank of Brookville, Kansas, dated October 19,1893, payable four months after date. The defendant was the father of E. C. Knowles, who was vice-president of that bank. The note and certificates remaining unpaid, this action was begun July 12, 1900, on his guaranties of payment. To take the guaranties out of the statute of…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J. :
It is conceded that this action is barred unless the letter set forth in the foregoing statement constitutes a statutory acknowledgment of an existing liability. The statute prescribes that it must be a written acknowledgment of an existing liability, signed by the party to be charged thereby. (Code, §24; Gen. Stat. 1901, §4452.) This provision has been frequently interpreted and applied, and it has been held that the acknowledgment must be distinct, unequivocal, and without qualification, and that nothing less than a direct admission…
2Cases cited2 opinions
- Hanson v. TowleSupreme Court of Kansas · 1877
- Haythorn v. CooperSupreme Court of Kansas · 1902
3Cited by12 opinions
- Fisher v. PendletonSupreme Court of Kansas · 1959
- Elmore v. FanningSupreme Court of Kansas · 1911
- Shanks v. LouthanSupreme Court of Kansas · 1909
- Hayes v. ReidSupreme Court of Kansas · 1937
- Hamilton v. BeaubienSupreme Court of Kansas · 1914
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