Legal Opinion

Lane v. Scoville

Supreme Court of Kansas

Decided January 15, 1876PublishedCited by 2 opinions

Error from Atchison District Court. Action by Scoville, and two others, partners as Scoville & Smith, on a due-bill for $200 executed to them by Lane April 3d 1873, on which a payment of $100 was indorsed as having been made on the 16th of said April. Lane answered, and alleged that the due-bill was procured by fraud, and was without consideration. Trial at the November Term 1874, C.W.J., judge pro tern., presiding. Verdict in favor of defendant.

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Error from Atchison District Court. Action by Scoville, and two others, partners as Scoville & Smith, on a due-bill for $200 executed to them by Lane April 3d 1873, on which a payment of $100 was indorsed as having been made on the 16th of said April. Lane answered, and alleged that the due-bill was procured by fraud, and was without consideration. Trial at the November Term 1874, C.W.J., judge pro tern., presiding. Verdict in favor of defendant. On plaintiffs’ motion, the verdict was set aside and a new trial granted. From this order Lane appeals, and brings the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Lane, who was defendant below, seeks in this case to review an order of the district court granting a new trial. The facts are these: Defendants in error brought their action against Lane before a justice of the peace. A *403jury trial was had. Verdict and judgment were for the plaintiffs. Lane appealed. In the district court another jury trial was had, and the verdict was in favor of Lane. The district court sustained a motion for a new trial, and this is the ruling now presented for review. The district court overruled all the grounds for a…

2Cases cited2 opinions

  1. Rice v. StateIndiana Supreme Court · 1861
  2. Williams v. McGradeSupreme Court of Minnesota · 1871

3Cited by2 opinions

  1. State v. ReadySupreme Court of Kansas · 1891
  2. Greenfield v. PeopleNew York Court of Appeals · 1878

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