Briggs v. Tye
Supreme Court of Kansas
Error from, Allen District Court. Action brought by Tye as plaintiff on the following promissory note:- $600.00. Iola, Kansas, Dec. 6th, 1870. On or before the 1st day of July 1871,1 promise to pay James Faulkner, or order, the sum of $600, for value received, bearing interest at the rate of ten per cent, per annum from date until paid. Charles E. Briggs.
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Error from, Allen District Court. Action brought by Tye as plaintiff on the following promissory note:- $600.00. Iola, Kansas, Dec. 6th, 1870. On or before the 1st day of July 1871,1 promise to pay James Faulkner, or order, the sum of $600, for value received, bearing interest at the rate of ten per cent, per annum from date until paid. Charles E. Briggs. Briggs paid $100 on said note to Faulkner,' which was indorsed May 7th 1871, after which Faulkner transferred the note to Tye. The defense was, alleged failure of consideration, as to which both the pleadings and the facts are fully stated…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*2891.Error, when immaterial. *288This was an action on a promissory note. Charles E. Briggs was the maker thereof, and James Faulkner was the payee. Faulkner assigned the note to D. S. Tye, and Tye commenced this action against Briggs to recover the amount thereof. Briggs answered, setting up three defenses. The plaintiff Tye demurred to the third defense, and the *289court below sustained the demurrer. This is the first ruling of the court below assigned for error. Whether such ruling was erroneous or not, it is now wholly unnecessary to determine;…
2Cases cited3 opinions
- White-Crow v. White-WingSupreme Court of Kansas · 1865
- Kœhler v. BallSupreme Court of Kansas · 1863
- Sagendorph v. ShultNew York Supreme Court · 1863
3Cited by6 opinions
- Carson v. FunkSupreme Court of Kansas · 1882
- King v. WilsonSupreme Court of Kansas · 1915
- Simmons v. Chestnut-Gibbons Grocery Co.Supreme Court of Oklahoma · 1918
- Barons v. AndersonSupreme Court of Kansas · 1887
- Rice v. American National BankColorado Court of Appeals · 1893
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