Roberts v. Dixon
Supreme Court of Kansas
Error from Gray District Court. Action by Roberts against Dixon, to recover a sum of money alleged to have been lent to defendant. Judgment f®r defendant, at the November term, 1889. The plaintiff brings the case here. The opinion states the facts.
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Error from Gray District Court. Action by Roberts against Dixon, to recover a sum of money alleged to have been lent to defendant. Judgment f®r defendant, at the November term, 1889. The plaintiff brings the case here. The opinion states the facts. Before the contents of a written instrument can be stated by the witness, it must be shown that the original is not within the control or custody of the party, and is not within the reach of the party desiring to offer it by the use of the usual processes for obtaining its introduction in court. Guthrie v. Merrill, 4 Kas. 187; Shaw-v. Mason, 10 id.…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
Henry Roberts brought his action to recover from Chas. J. Dixon $1,500, alleged to have been loaned by Roberts to Dixon on October 20, 1884, upon an oral promise of Dixon to pay the same, with interest thereon at 8 per cent, per annum, within two years from the time the loan was made. The trial resulted in a judgment for Dixon, and Roberts complains of the rulings made in the admission of testimony. *437After proof of the loan and the terms on which it had been made had been offered by Roberts, testimony was produced by Dixon tending to show…
2Cases cited1 opinion
- Johnson v. MathewsSupreme Court of Kansas · 1869
3Cited by9 opinions
- Landon v. MoreheadSupreme Court of Oklahoma · 1912
- In Re Estate of IsomSupreme Court of Kansas · 1964
- Hart-Parr Co. v. Krizan MalerCourt of Appeals of Texas · 1919
- Patterson v. Uncle Sam Oil Co.Supreme Court of Kansas · 1920
- Demaras v. SmithSupreme Court of Kansas · 1954
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