Carter v. Moulton
Supreme Court of Kansas
Error from Marion District Cowrt. Action by Moulton against Carter on a promissory note. Plaintiff’s demurrer to defendant’s answer was sustained, and defendant comes to this court.
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Error from Marion District Cowrt. Action by Moulton against Carter on a promissory note. Plaintiff’s demurrer to defendant’s answer was sustained, and defendant comes to this court. The opinion states the facts. 1. It is conceded by the demurrer that the plaintiff in error signed the note as surety only, which was at the time known to the defendant in error, the payee of the note; and that she so signed the same on the express condition that it should remain in escrow and should not be delivered to the payee, and should not become valid as to the plaintiff in error, as such surety, until the…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action was brought by A. L. Moulton on a promissory note, which reads as follows:
“$600. Marion, Kas., December 7, 1887.
“Nine months after date, we promise to pay to the order of A. L. Moulton, at the Cottonwood Valley Bank, Mariou, Kas., six hundred dollars, with interest at 12 per cent, per annum until paid. Value received. J. M. Wishart.
R. E. Knapp. R. C. Cable.
C. E. Foote. M. A. Carter.”
The defendant, M. A. Carter, filed her separate answer, which reads as follows (omitting title):
“Now comes the defendant, M. A. Carter, and for her…
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