Linton v. Housh
Supreme Court of Kansas
Error from Linn County. Housh brought his action in the district court against Linton, on a promissory note. An answer was filed by Linton, admitting the execution of the note, but setting forth that the note was given on a contract for corn purchased by Linton, of Housh, in which contract Housh made divers fraudulent warranties and representations, to the damage of Linton, and whereby the note was without consideration.
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Error from Linn County. Housh brought his action in the district court against Linton, on a promissory note. An answer was filed by Linton, admitting the execution of the note, but setting forth that the note was given on a contract for corn purchased by Linton, of Housh, in which contract Housh made divers fraudulent warranties and representations, to the damage of Linton, and whereby the note was without consideration. The record relative to the representations made as to the corn, is as follows: “The defendant, to maintain the issues on his part, having offered evidence tending to' show…
1Opinion of the Court
By the Court,
Kingman, C. J.
Four errors are assigned in this case, which we shall notice in their order.
1. That the verdict was returned in the absence of the plaintiff and his attorney, and in the recess of the court for dinner. There is no evidence of this in the record. The only place where it is mentioned is in the motion for a new trial. That is not evidence of 'the fact; it is only evidence that the motion was made, and the grounds which the party alleges existed why a new trial should be granted. It is no more evidence of the fact that the verdict was so received, than it is that the…
2Cases cited1 opinion
- Beardsley v. MaynardNew York Supreme Court · 1830
3Cited by7 opinions
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- State v. RogersSupreme Court of Kansas · 1896
- Big Goose & Beaver Ditch Co. v. MorrowWyoming Supreme Court · 1899
- Caldwell v. TraubSupreme Court of Oklahoma · 1935
- Merwin v. HawkerSupreme Court of Kansas · 1884
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