Legal Opinion

Gragg v. Barnes

Supreme Court of Kansas

Decided July 15, 1884PublishedCited by 3 opinions

Error from Jefferson District Court. Action by Jared P. Barnes against Zach Gragg and The Valley Bank and Savings Institution, brought December 7, 1880, in the district court of Jefferson county.

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Error from Jefferson District Court. Action by Jared P. Barnes against Zach Gragg and The Valley Bank and Savings Institution, brought December 7, 1880, in the district court of Jefferson county. On November 13, 1882, the plaintiff, upon leave of the court, filed an amended petition in words and figures as follows, (court and title omitted:) 1. Plaintiff says: That the defendant, the Valley Bank and Savings Institution, was on the 1st day of October, 1875, and has been ever since then a corporation duly incorporated under the laws of the state of Kansas; and as such corporation had during all…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

In the original action of Barnes v. Gragg, to recover $1,941.23 and interest upon the note of April 17, *3091876, attached as “Exhibit B” to the petition filed in this case, it was decided that at the time of the execution of the note, the arrangement' and understanding between the bank and Zack Gragg was that the note of October 1,1875, for $1,822.50, was turned over to Zack Gragg — who was the surety on the note — solely for the purpose of enabling him to attempt to collect from John Gragg — the principal on the note — or from property…

2Cases cited3 opinions

  1. Hanson v. TowleSupreme Court of Kansas · 1877
  2. Elder v. DyerSupreme Court of Kansas · 1881
  3. Barnes v. GraggSupreme Court of Kansas · 1882

3Cited by3 opinions

  1. Haythorn v. CooperSupreme Court of Kansas · 1902
  2. Mahas v. KasiskaIdaho Supreme Court · 1928
  3. Richards v. HaydenCourt of Appeals of Kansas · 1899

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