Phillips v. Love
Supreme Court of Kansas
Error from the Court of Appeals, Southern Department. On November 7, 1887, one Harnley and wife executed to James Hill two promissory notes for $650 each, together "with a mortgage on certain real estate securing them. Hill indorsed the note to James Phillips. The notes were not paid at maturity, and proper steps were taken to charge Hill as indorser on one of them, but not on the other.
Read the full summary
Error from the Court of Appeals, Southern Department. On November 7, 1887, one Harnley and wife executed to James Hill two promissory notes for $650 each, together "with a mortgage on certain real estate securing them. Hill indorsed the note to James Phillips. The notes were not paid at maturity, and proper steps were taken to charge Hill as indorser on one of them, but not on the other. On March 5, 1889, Phillips brought suit on the notes and to foreclose the mortgage against Harnley and wife, Hill and Mary J. Tyner. During the pendency of the action, Hill died, and the action was revived…
1Opinion of the Court
Allen J.
*8321. Waiver of notice of setting case made. *831The first question in this case arises on the ruling of the Court of Appeals dismissing the petition in error. The objections to the record are : “That it shows no waiver on the part of counsel for plaintiffs of the suggestion of amendments, does not show that amendments were not suggested, and shows that the case-made, without amendments, was presented to the trial judge for signing and settling, and does not show that attorneys for the plaintiffs were present at the time the case-made was settled.” The motion for a new trial was overruled…
2Cases cited6 opinions
- Atchison, Topeka & Santa Fé Railroad v. ConeSupreme Court of Kansas · 1887
- Merket v. SmithSupreme Court of Kansas · 1885
- Means v. RosevearSupreme Court of Kansas · 1889
- Briggs v. Chicago, Kansas & Western RailroadSupreme Court of Kansas · 1896
- Cross v. KnoxSupreme Court of Kansas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Alumbaugh v. HedgesSupreme Court of Kansas · 1928
- Blair v. AndersonSupreme Court of Kansas · 1897
- Crebbin v. PowellSupreme Court of Kansas · 1903