Caplice v. Kelley
Supreme Court of Kansas
Error from Pottawatomie District Court. This case was before this court at the January Term, 1880, (23 Kas. 474,) and then remanded for a new trial.
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Error from Pottawatomie District Court. This case was before this court at the January Term, 1880, (23 Kas. 474,) and then remanded for a new trial. June 20, 1881, the plaintiff filed in the district court her amended petition, as follows: (Court and title omitted.) “1. And now comes Eliza Caplice, the plaintiff herein, and complains of the above-named defendants, M. Kelley and P. H. McHale, and alleges that heretofore, to wit, on the 9th day of May, 1878, the defendant, M. Kelley, made and executed to the plaintiff his certain written instrument of that date, which is in words and figures as…
1Concurrence
Valentine, J.:
I concur in the decision of this case, not because of any mere inadequacy of the consideration for the defendants’ written promise, but because of a total want of such consideration. The real consideration for the promise was not. the mere signature of the plaintiff, but it was the supposed transfer from the plaintiff to the defendants of the right and power to collect from the insurance company the amount of the insurance policy, of which the plaintiff was the expressed beneficiary. (See written instrument, signed by defendants, as copied in Kelley v. Caplice, 23 Kas. 474.) But…
2Cases cited1 opinion
- Kelley v. CapliceSupreme Court of Kansas · 1880