Woodson v. Ritchie
Court of Appeals of Kansas
Appeal from the Buchanan Circuit Court. — Hon. Oliver M. Spencer, Judge. (1) The appellant, for reversal of this case, relies upon the recognition of elementary law and the application of well-established principles.
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Appeal from the Buchanan Circuit Court. — Hon. Oliver M. Spencer, Judge. (1) The appellant, for reversal of this case, relies upon the recognition of elementary law and the application of well-established principles. The appellant asks the court to recognize as law, that between the original parties to a note the consideration can be inquired into without violating the rule that parol testimony is inadmissible to vary the terms of a written contract, and that the jury, and not the court, is the tribunal to pass upon the weight of the evidence. (2) The consideration received for a promissory…
1Opinion of the CourtSmith, P. J.
— Plaintiff, as executor of the estate of Hannah Thornton, deceased, brought this suit in the circuit court of Buchanan county against the defendant on a promissory note for one thousand dollars on which there was a credit endorsed for one hundred dollars. The answer admitted the execution of said note and pleaded as a defense thereto that the same was executed and delivered without any consideration whatever in that the said testatrix at the time of the execution of said note was indebted to the defendant in the sum of one thousand dollars or more, and that she paid defendant in discharge…
2Cases cited9 opinions
- Bunce v. BeckSupreme Court of Missouri · 1869
- Jones v. ShawSupreme Court of Missouri · 1878
- Smith's Administrators v. ThomasSupreme Court of Missouri · 1860
- Taylor v. NewmanSupreme Court of Missouri · 1883
- Atherton v. DearmondSupreme Court of Iowa · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gideon v. TeedMissouri Court of Appeals · 1924
- Chicago Cottage Organ Co. v. SwartzellMissouri Court of Appeals · 1895
- Third National Bank v. St. Charles Savings BankSupreme Court of Missouri · 1912