Legal Opinion

Center v. McQuesten

Supreme Court of Kansas

Decided July 15, 1877PublishedCited by 16 opinions

Error from Franklin District Court. Aw action was brought by Wm. Williams against B. C. MoQuesten, to. recover $506, alleged to belong to Williams. Center and two others were afterward joined as co-defendants. The district court, at the March Term 1874, gave judgment in favor of Williams and against MoQuesten for the amount claimed, and adjudged that Center and the other defendants had no interest in said moneys.

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Error from Franklin District Court. Aw action was brought by Wm. Williams against B. C. MoQuesten, to. recover $506, alleged to belong to Williams. Center and two others were afterward joined as co-defendants. The district court, at the March Term 1874, gave judgment in favor of Williams and against MoQuesten for the amount claimed, and adjudged that Center and the other defendants had no interest in said moneys. Center and the other two defendants appeal, and join Williams and MoQuesten as defendants in error. All necessary facts are stated in the subjoined opinion. after quoting from the…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

„. . . , facts. From the findings of fact in this case, it appears that the defendant Williams bought of one H. E. Cowgill a number of cattle, for the sum of $1,749; that at the time the consideration was being paid, Cowgill requested Williams to retain $506 of the *479money to pay to B. C. McQuesten on a note of that amount due to McQuesten from Cowgill, < and Williams verbally promised Cowgill to pay McQuesten said sum. Shortly afterward, Morris Center, Henry Center, and Joshua Hodge severally recovered judgments against Cowgill before a…

2Cases cited4 opinions

  1. Anthony v. HermanSupreme Court of Kansas · 1875
  2. Skelton v. BrewsterNew York Supreme Court · 1811
  3. Harrison v. SimpsonSupreme Court of Kansas · 1877
  4. Howard v. CoshowSupreme Court of Missouri · 1862

3Cited by16 opinions

  1. Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
  2. National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
  3. Plano Manufacturing Co. v. BurrowsSupreme Court of Kansas · 1888
  4. Fisher v. SpillmanSupreme Court of Kansas · 1911
  5. Edwards v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1939

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