Legal Opinion

Withers v. Berry

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 4 opinions

Error from Chautauqua District Court. ACTION brought by Berry against Withers and three others, upon a promissory note. The facts appear in the opinion. At the March Term, 1880, the court sustained a demurrer to the answer of the defendant Withers, who brings this ruling here.

1Opinion of the Court

The opinion of the court was delivered by

VALENTINE, J.:

This was an action brought by Harrison Berry against H. S. Foster, Aaron Lamb, Runey Martindale and Willard G. Withers, on a promissory note for $30, dated April 16,1875, due August 21, 1875, and was executed by H. S. Foster, Aaron Lamb and Runey Martindale, to Quinton Withers. The petition alleges that the note was sold and transferred before due by Quinton Withers to Willard G. Withers. It does not, however, appear to have been indorsed by Quinton Withers. The petition also alleges that Willard *374G. Withers sold and transferred the note…

2Cases cited1 opinion

  1. Fuller v. ScottSupreme Court of Kansas · 1871

3Cited by4 opinions

  1. Bedford v. KelleyMichigan Supreme Court · 1913
  2. Kansas State Bank & Trust Co. v. DeLoreanCourt of Appeals of Kansas · 1982
  3. MacNear v. MalowMichigan Supreme Court · 1937
  4. Lank v. MorrisonSupreme Court of Kansas · 1890

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