Legal Opinion

Case v. Edson

Supreme Court of Kansas

Decided July 15, 1888PublishedCited by 3 opinions

Error from Shawnee Eistriot Court. ACTION upon certain promissory notes, and to foreclose a mortgage given to secure their payment. Judgment for plaintiff Edson, at the January term, 1887. The defendants, Case and wife, bring the case here. The material facts, are stated in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action brought by Handford A. Edson against A. H. and L. O. Case, to recover on three promissory notes, executed by them, of $400 each, dated June 20, 1884, and bearing interest at 8 per cent, per annum; and also to foreclose a mortgage executed by the same parties upon the same date to secure the payment of the notes. To this petition the defendants filed their unverified answer, with three defenses: 1. A general denial; 2. A plea of payment; 3. A set-off on a promissory note of $610, alleged to have been executed on May 9,…

2Cases cited2 opinions

  1. Mo. River, Fort Scott & Gulp Rld. v. WilsonSupreme Court of Kansas · 1872
  2. Cole v. HoeburgSupreme Court of Kansas · 1887

3Cited by3 opinions

  1. Ruffatti v. Société Anonyme des Mines de LexingtonUtah Supreme Court · 1894
  2. First National Bank v. EngelberchtNebraska Supreme Court · 1899
  3. McLain v. Blossom Nat. BankSupreme Court of Oklahoma · 1932

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