Wenger v. Taylor
Supreme Court of Kansas
Error from Lyon District Court. Action brought by L. A. Taylor against Adam Wenger, Mary Wenger and the Hartford Bank. Trial by the court, which made special findings of fact and conclusions of law. The facts as found by the court are substantially as follows: On the first day of March, 1879, I. A. Taylor and Adam Wenger were equal partners under the firm-name of Taylor & Wenger, and the firm was the owner of a flouring mill in Hartford, Lyon county.
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Error from Lyon District Court. Action brought by L. A. Taylor against Adam Wenger, Mary Wenger and the Hartford Bank. Trial by the court, which made special findings of fact and conclusions of law. The facts as found by the court are substantially as follows: On the first day of March, 1879, I. A. Taylor and Adam Wenger were equal partners under the firm-name of Taylor & Wenger, and the firm was the owner of a flouring mill in Hartford, Lyon county. At that time the firm, having no money to bear the expenses of running and carrying on the mill business, entered into a verbal contract that…
1Opinion of the Court
Opinion by
Clogston, C.:
The correctness of the amount found due the plaintiff below is not questioned, the only controversy being the rate of interest allowed by the court thereon. Plaintiff in error contends that the rate of interest fixed by statute on all contracts not in writing is 7 per cent., while the defendant in error contends that all contracts for interest, either verbal or in writing, may be enforced at a rate not to exceed 12 per cent. We incline to the former view. This question must be determined by a construction of the statute on interest. Section 1 is as follows: “ Creditors…
2Cases cited3 opinions
- State v. BancroftSupreme Court of Kansas · 1879
- Judd v. DriverSupreme Court of Kansas · 1863
- Smith v. JohnsonCalifornia Supreme Court · 1863
3Cited by11 opinions
- State ex rel. Coleman v. KellySupreme Court of Kansas · 1905
- Brookings County v. MurphySouth Dakota Supreme Court · 1909
- Dever v. HumphreySupreme Court of Kansas · 1904
- Greenwood v. Estes, Savings & Loan CommissionerSupreme Court of Kansas · 1972
- Atchison, Topeka & Santa Fe Railway Co. v. Board of County CommissionersSupreme Court of Kansas · 1918
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