Legal Opinion

Deitz v. Regnier

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 14 opinions

Error from Atohison District Court. Action brought August 13, 1880, in the district court of Atchison county, by Charles N. Regnier against John Deitz and F. W. Regnier, late partners under the firm-name of Deitz & Regnier, to recover $1,731.55. The petition (omitting court and title) is as follows: “1. At Atchison, Kansas, on April 5th, 1879, the said defendants, as partners then in business, desiring to procure the loan of six hundred dollars from the partnership firm of…

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Error from Atohison District Court. Action brought August 13, 1880, in the district court of Atchison county, by Charles N. Regnier against John Deitz and F. W. Regnier, late partners under the firm-name of Deitz & Regnier, to recover $1,731.55. The petition (omitting court and title) is as follows: “1. At Atchison, Kansas, on April 5th, 1879, the said defendants, as partners then in business, desiring to procure the loan of six hundred dollars from the partnership firm of Brown & Bier, applied to the plaintiff to become their security therefor; and thereto the plaintiff consenting, the said…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

I. The first error complained of is, the action of the court in permitting defendant in error (plaintiff below) to read in evidence the notes set forth in the petition. It is urged that as the execution of the notes was denied under oath, no proper foundation was laid for their introduction in evidence. This complaint is not good, because, prior to the offer of the notes to the jury, evidence had been introduced to the effect that John Deitz and F. W. Regnier formed a partnership about December, 1878, for the purpose of carrying on the…

2Cases cited13 opinions

  1. Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
  2. Smith v. CollinsMassachusetts Supreme Judicial Court · 1874
  3. Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1836
  4. Faler v. JordanMississippi Supreme Court · 1870
  5. Jaques v. MarquandNew York Supreme Court · 1826

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

3Cited by14 opinions

  1. Horn v. Newton City BankSupreme Court of Kansas · 1884
  2. Mills v. RiggleSupreme Court of Kansas · 1911
  3. Smith v. Stock Yards Loan Co.Supreme Court of Oklahoma · 1939
  4. Lindh v. CrowleySupreme Court of Kansas · 1883
  5. Walter v. CalhounSupreme Court of Kansas · 1913

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

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