Legal Opinion

First National Bank v. Gerson

Supreme Court of Kansas

Decided January 15, 1893No. 6538PublishedCited by 3 opinions

Error from Kingman District Court. Action by the Bank against Gerson and another to recover on a promissory note. Judgment for defendant. Plaintiff comes to this court. At the session in February, 1893, it was decided, and there was filed herein an opinion, (syllabus and opinion by Strang, C.,) recommending an affirmance of the judgment of the court below. By the court, it was so ordered—all the justices concurring.

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Error from Kingman District Court. Action by the Bank against Gerson and another to recover on a promissory note. Judgment for defendant. Plaintiff comes to this court. At the session in February, 1893, it was decided, and there was filed herein an opinion, (syllabus and opinion by Strang, C.,) recommending an affirmance of the judgment of the court below. By the court, it was so ordered—all the justices concurring. The syllabus therein formulated and declared to be the law is as follows: “Where property has been attached, and subsequently taken from the officer on an order of replevin, it is…

1Opinion of the Court

The opinion of the court was delivered by

Allen, J.:

This case was first heard before the commission, and at the February session an opinion was filed by Strang, commissioner. On the argument for a rehearing, our attention is directed to various matters which seem to have been overlooked, and, for a clear understanding of the case, it is necessary to state more fully and accurately the facts as they are shown by the record. This action was commenced in the district court of Kingman county on December 27, 1889, by the plaintiff against George Gerson & Co., for $300, on anote dated October 22,…

2Cited by3 opinions

  1. Farmers' State Bank of Arkansas City v. StephensonSupreme Court of Oklahoma · 1909
  2. Sherburne v. StrawnSupreme Court of Kansas · 1893
  3. C. D. Smith Drug Co. v. First National BankSupreme Court of Kansas · 1899

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