Couch v. Sherrill
Supreme Court of Kansas
Error from Bourbon District Court. Sherrill, as plaintiff, brought suit and recovered judgment against A. Hawkins and W. I. Linn, as makers, and J. EC. Couch, as indorser, upon a promissory note for $1,000, and interest, dated August 15th 1874, payable ninety days after date.
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Error from Bourbon District Court. Sherrill, as plaintiff, brought suit and recovered judgment against A. Hawkins and W. I. Linn, as makers, and J. EC. Couch, as indorser, upon a promissory note for $1,000, and interest, dated August 15th 1874, payable ninety days after date. The plaintiff had judgment at the April Term 1875. Defendant Couch brings the case here on error. contended, that the necessary steps were not taken by the holder of the note at its maturity, to make the indorser liable for its payment. The notary’s certificate of protest was admitted in evidence. What does it prove?…
1Opinion of the Court
*624The opinion of the court was delivered by
Brewer, J.:
The plaintiff in error was indorser of a promissory note; and the only question in the case is, whether the findings show such notice of protest as will make him responsible to the holder. The testimony is not preserved, and the case stands alone upon the pleadings and findings. The only finding which bears upon the question of notice is this:
“4th. That upon the same day the said notary placed in the post-office in the city of Fort Scott, Kansas, in an envelope, postage paid, which envelope was addressed as follows: ‘J. H. Couch, City,’ a…
2Cited by2 opinions
- Malott v. JewettCourt of Appeals of Kansas · 1895
- Selover v. SnivelySupreme Court of Kansas · 1881