Briggs v. Latham
Supreme Court of Kansas
Error from Bourbon District Court. Action brought by Ellis Briggs, as the holder of certain promissory notes against Dellen N. Latham, as the indorser of the same. Dellen N. Latham owned a tract of land in Minnesota, which she sold in July, 1876, to Cornelius Quirk. Only a part of the purchase-price was then paid, and for the residue Quirk executed four promissory notes, secured by a mortgage 011 the laud.
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Error from Bourbon District Court. Action brought by Ellis Briggs, as the holder of certain promissory notes against Dellen N. Latham, as the indorser of the same. Dellen N. Latham owned a tract of land in Minnesota, which she sold in July, 1876, to Cornelius Quirk. Only a part of the purchase-price was then paid, and for the residue Quirk executed four promissory notes, secured by a mortgage 011 the laud. The notes were dated at Dexter, Minnesota, and made payable at a bank in Minnesota, and were forwarded to the defendant, a resident of Illinois, who indorsed and transferred them to one…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The findings of facts are unquestioned here, and must govern in the decision of the case. The only question'presented for determination is, whether the indorsement of the notes by defendant is an Illinois or a Missouri contract. The notes were never protested, nor did the defendant ever receive notice of their non-payment, and this was her defense. Under the laws of Illinois, no protest or notice was necessary to fix the liability of the defendant as indorser; but the laws of Missouri, like our own, require protest and notice. We think…
2Cases cited5 opinions
- Aymar v. SheldonNew York Supreme Court · 1834
- Vanzant, Jones & Co. v. Arnold, Hamilton & JohnsonSupreme Court of Georgia · 1860
- Smith v. MeadSupreme Court of Connecticut · 1820
- Cook v. . LitchfieldNew York Court of Appeals · 1853
- Yeatman v. CullenIndiana Supreme Court · 1839
3Cited by7 opinions
- Fourth National Bank of Montgomery v. BraggSupreme Court of Virginia · 1920
- Guernsey v. Imperial Bank of CanadaCourt of Appeals for the Eighth Circuit · 1911
- Midland Savings & Loan Co. v. SolomonSupreme Court of Kansas · 1905
- Commercial Union Insurance v. John Massman Contracting Co.District Court, D. Kansas · 1989
- Crane v. DownsSupreme Court of Kansas · 1921
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