Caplice v. Kelley
Supreme Court of Kansas
Error from Pottawatomie District Court. This case was before this court at the January Term, 1880, (23 Kas. 474,) and then remanded for a new trial.
Read the full summary
Error from Pottawatomie District Court. This case was before this court at the January Term, 1880, (23 Kas. 474,) and then remanded for a new trial. June 20, 1881, the plaintiff filed in the district court her amended petition, as follows: (Court and title omitted.) “1. And now comes Eliza Caplice, the plaintiff herein, and complains of the above-named defendants, M. Kelley and P. H. McHale, and alleges that heretofore, to wit, on the 9th day of May, 1878, the defendant, M. Kelley, made and executed to the plaintiff his certain written instrument of that date, which is in words and figures as…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This case was before this court at the January term, 3880. (23 Kas. 474.*)
At that time we held that Mrs. Caplice was only entitled to a reasonable compensation for the inconvenience or service in making her signature to the receipt on the back of the insurance policy, and remanded the case. for a new trial. Thereafter the plaintiff in error amended her petition, and declared upon the contract made for services and the agreed price therefor. The trial was had upon such amended petition, to the court without a jury. The following are the…
2Cases cited1 opinion
- Kelley v. CapliceSupreme Court of Kansas · 1880
3Cited by1 opinion
- Stahl v. StevensonSupreme Court of Kansas · 1918