Shepard v. M. B. Haas & Co.
Supreme Court of Kansas
Error from Osage District Court. Action by M. B. E[aas and H. B. Haas, as partner^, against Shepard & Playford, as partners. Trial at the November Term 1873. Verdict and judgment in favor of plaintiffs, and Shepard & Playford bring the case here.
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Error from Osage District Court. Action by M. B. E[aas and H. B. Haas, as partner^, against Shepard & Playford, as partners. Trial at the November Term 1873. Verdict and judgment in favor of plaintiffs, and Shepard & Playford bring the case here. The error complained of was the exclusion of certain testimony, as to which the facts are stated in the opinion. contended, that it was not irrelevant and incompetent to introduce verbal testimony to show what the contract between Haas & Co. and Wheat was relative to the-purchase of the note and mortgage; that the papers called a contract are so…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendants in error brought an action on an account for merchandise sold' and delivered to plaintiffs in error. f The correctness of this account was not disputed, but plaintiffs in error claimed an offset as follows: They alleged in substance that Haas & Co. .(the defendants in error) sold and agreed to assign to one Joseph Wheat a note and mortgage of the value of $351.25; that the money paid by Wheat therefor was the money of H. D. Shepai’d & Co., and that all claims for the money and the note and mortgage were assigned to plaintiffs in…
2Cases cited1 opinion
- DaLee v. BlackburnSupreme Court of Kansas · 1873
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