Barnes v. Gragg
Supreme Court of Kansas
Error from Jefferson District Court. Action by Jared P. Barnes against Zack Gragg, brought September 19, 1879, to recover upon a promissory note,, of which the following is a copy: “$1,941.23 Valley Falls, Kas., April 17,1876. “ One day after date I promise to pay to the order of M. P. Evans as cashier, at the Valley Bank and Savings Institution, nineteen hundred forty-one and twenty-three one-hundredths dollars, with interest at twelve per cent, per annum after due until…
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Error from Jefferson District Court. Action by Jared P. Barnes against Zack Gragg, brought September 19, 1879, to recover upon a promissory note,, of which the following is a copy: “$1,941.23 Valley Falls, Kas., April 17,1876. “ One day after date I promise to pay to the order of M. P. Evans as cashier, at the Valley Bank and Savings Institution, nineteen hundred forty-one and twenty-three one-hundredths dollars, with interest at twelve per cent, per annum after due until paid; also costs of collecting, including reasonable attorney’s fees, if suit be instituted on this note. Value received.…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Action by Barnes on a promissory note of $1,941.23, executed by the defendant to. the Valley Bank and Savings Institution, and assigned by the bank to the plaintiff.
The question for our consideration resolves itself into this: Were the matters set forth in the second and fourth defenses of the answer of the defendant sufficient in law to defeat a recovery? It is not contested that the parties had the legal capacity to make the contract set forth in the second and fourth defenses of the answer, nor is it claimed that such contract is…
2Cited by2 opinions
- Dendy v. RussellSupreme Court of Kansas · 1903
- Gragg v. BarnesSupreme Court of Kansas · 1884