Clark v. Evans
Court of Appeals for the Eighth Circuit
Iu Error to the United States Court in the Indian Territory. This was an action by Mary T. Clark against R. A. Evans and X P. Blackstone, as partners, under the name of R. A. Evans & Co., on a promissory note. Defendants had judgment, and plaintiff sues out this writ of error.
1Opinion of the Court
CALDWELL, Circuit Judge.
This action was commenced in the United States court in the Indian Territory by Mary T. Clark, the plaintiff in error, against E. A. Evans and N. P. Blackstone, as partners, under the name and’ style of E. A. Evans & Co., to recover the contents of a promissory note for the .sum of $416.67, dated May 1, 1891, made by E. A. Evans & Co., payable to the order of T. A. Kyle, 12 months after the date thereof, and by Kyle indorsed to the plaintiff. The defense was that the note was obtained from the makers by fraud, and was without consideration, and that the plaintiff had…
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