Legal Opinion

Fisher Machine Works Co. v. Leavenworth National Bank

Supreme Court of Kansas

Decided February 8, 1908No. 15,371PublishedCited by 6 opinions

Error from Leavenworth district court; James EL Gillpatrick, judge. STATEMENT. This action was commenced in the district court of Leavenworth county September 5, 1905, by the defendant in error against the plaintiff in error, upon a promissory note..

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Error from Leavenworth district court; James EL Gillpatrick, judge. STATEMENT. This action was commenced in the district court of Leavenworth county September 5, 1905, by the defendant in error against the plaintiff in error, upon a promissory note.. The petition was in ordinary form, the note being attached as an exhibit, which reads: “$500. Leavenworth, Kan., April 19, 1905. “For value received, ninety days after date, we promise to pay to the order of the M. Ryan estate only, five hundred and no-100 dollars at our office, Leavenworth, Kan. (Signed.) Fisher Machine Works Co. “Due July 18.…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

When this case was presented to the district court each party insisted that the burden of proof was upon the other, and each claimed judgment upon the pleadings. The court decided that the plaintiff was entitled to judgment as prayed for, and awarded it accordingly. This presents the only question in the case.

We have concluded that the court was correct. The note was made payable to “the M. Ryan estate only.” It was indorsed by the administratrix of that estate in blank and delivered to the plaintiff, who actually produced it in court upon…

2Cases cited6 opinions

  1. Manley v. ParkSupreme Court of Kansas · 1904
  2. McCallum v. DriggsSupreme Court of Florida · 1895
  3. Greene v. McAuleySupreme Court of Kansas · 1905
  4. Stewart v. PriceSupreme Court of Kansas · 1902
  5. Graham v. TrothSupreme Court of Kansas · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. McDonald v. MulkeyWyoming Supreme Court · 1926
  2. Sheldon v. BlackmanWisconsin Supreme Court · 1925
  3. Goebel v. AndersonSupreme Court of Kansas · 1927
  4. Ingebrightsen v. HatcherMontana Supreme Court · 1930
  5. Casten v. WindettSupreme Court of Kansas · 1925

1 more not listed; retrieve them via the Exa API.

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