Legal Opinion

Cavender v. Roberson

Supreme Court of Kansas

Decided January 15, 1885PublishedCited by 4 opinions

Error from Atchison District Cov/rt. ACTION commenced by the Atchison Savings Bank against J. M. Roberson and F. I. Roberson, partners as J. M. Roberson & Go., on July 14, 1882, upon the following written instrument, before a justice of the peace of Atchison county: “$278.16. Atchison, Kas., June 16, 1882. Fifteen-after date, we promise to pay to the order of G. Cavender two hundred and seventy-eight 16-100 dollars, value received, with interest at 10 per cent, per annum…

Read the full summary

Error from Atchison District Cov/rt. ACTION commenced by the Atchison Savings Bank against J. M. Roberson and F. I. Roberson, partners as J. M. Roberson & Go., on July 14, 1882, upon the following written instrument, before a justice of the peace of Atchison county: “$278.16. Atchison, Kas., June 16, 1882. Fifteen-after date, we promise to pay to the order of G. Cavender two hundred and seventy-eight 16-100 dollars, value received, with interest at 10 per cent, per annum after maturity. (Signed) J. M. Robekson & Co.” The bill of particulars alleged that at the time of the execution of said…

1Opinion of the Court

The opinion of the court was delivered by

HobtoN, C. J.:

Upon the trial, the defendants produced as a witness one D. L. Nesbit, who testified, among other things, “that he had been in the grocery business for twenty years; that he knew the stock of groceries kept by Kimbrough <fc Trice, who failed in April or May, 1881, and whose stock of groceries was subsequently purchased by Green Cavender; that he went through the stock and examined it; that it was old and shelf-worn; that he did not consider the stock worth to exceed fifty cents on the dollar.” He then stated that he knew the prices…

2Cases cited3 opinions

  1. P. Weybrich & Co. v. HarrisSupreme Court of Kansas · 1883
  2. Graffenstein v. E. Epstein & Co.Supreme Court of Kansas · 1880
  3. Lord v. FrenchSupreme Judicial Court of Maine · 1873

3Cited by4 opinions

  1. First Nat. Bank of Council Bluffs v. MooreCourt of Appeals for the Ninth Circuit · 1906
  2. Ellis v. Kansas City Public Service Co.Supreme Court of Kansas · 1930
  3. Webb v. BrannerSupreme Court of Kansas · 1898
  4. Barker v. BarkerSupreme Court of Kansas · 1890

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API