South Bend Iron Works v. Paddock
Supreme Court of Kansas
Ei'ror from Marion District Court. The note, the subject of this actiou, was given by Joseph Sylvester to the firm of Lockwood, Paddock & Co., and was transferred without indorsement by said firm to the firm of W. C. Lockwood & Co. Afterward, and while the note was the property of W. C. Lockwood & Co., and while both firms were in existence, W. C. Lockwood & Co. wrote the name of Lockwood, Paddock & Co. across the back of said note.
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Ei'ror from Marion District Court. The note, the subject of this actiou, was given by Joseph Sylvester to the firm of Lockwood, Paddock & Co., and was transferred without indorsement by said firm to the firm of W. C. Lockwood & Co. Afterward, and while the note was the property of W. C. Lockwood & Co., and while both firms were in existence, W. C. Lockwood & Co. wrote the name of Lockwood, Paddock & Co. across the back of said note. This was done without the knowledge or consent of Lockwood, Paddock & Co. Said indorsement was made by said W. C. Lockwood for the purpose of placing said note…
1Opinion of the Court
Opinion by
Clogston, C.:
The first question to be determined is, whether the note sued on was a negotiable promissory note. It reads as follows:
“$141.34. Hillsboro, Kansas, Nov. 20, 1884.
“Six months after date, I promise to pay to the order of Lockwood, Paddock & Co. one hundred and forty-one and y3j^ dollars, at the office of Lockwood, Paddock & Co., Hillsboro, Kansas, with interest at ten per cent, per annum until due; and if not paid at maturity, to draw 12 per cent, on the amount then due. The conditions of this sale of book accounts for which this note is given, are such that the title and…
2Cases cited4 opinions
- Killam v. SchoepsSupreme Court of Kansas · 1881
- Story v. LambMichigan Supreme Court · 1884
- First National Bank v. GaySupreme Court of Missouri · 1880
- Glasscock v. SmithSupreme Court of Alabama · 1854
3Cited by24 opinions
- Holliday State Bank v. HoffmanSupreme Court of Kansas · 1911
- Lincoln Nat. Bank v. PerryCourt of Appeals for the Eighth Circuit · 1895
- McNary v. Farmers' Nat. BankSupreme Court of Oklahoma · 1912
- Central National Bank v. HubbelMassachusetts Supreme Judicial Court · 1927
- Murrell v. Exchange BankSupreme Court of Arkansas · 1925
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