Legal Opinion

Dudley v. Reynolds

Supreme Court of Kansas

Decided January 15, 1863PublishedCited by 15 opinions

The facts of the case appear in the opinion of the court. Plaintiff’s first ground of error is, that the court erred in sustaining the demurrer of Reynolds to the second defense set forth in the answer of Dudley below, to-wit: That after the maturity of the note, Dudley paid Reynolds one hundred and seventy-five dollars, and that in consideration of said payment, Reynolds agreed to reduce the rate from five per cent, to two per cent, per month.

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The facts of the case appear in the opinion of the court. Plaintiff’s first ground of error is, that the court erred in sustaining the demurrer of Reynolds to the second defense set forth in the answer of Dudley below, to-wit: That after the maturity of the note, Dudley paid Reynolds one hundred and seventy-five dollars, and that in consideration of said payment, Reynolds agreed to reduce the rate from five per cent, to two per cent, per month. For such an agreement there was no consideration. (Qhitty’s Con., 52, 54, 55.) The payment of a debt by a debtor is not a sufficient consideration to…

1Opinion of the Court

By the Court,

Kingman, J.

On the 10th day of April, 1861, the defendant in error commenced his action in the district court of Shawnee county, upon the following note : “$225. Seven months after date for valve received, .1 promise to pay G. A. Reynolds or order, the sum of two hundred and twenty-five dollars, with interest at the rate of five per’cent, per month until paid. _ Guru? ntn Dudlia.

“ Lawrence, February 9th, 1859.”

There was a credit on the note of one húndVed .¡nd seventy-five dollars, paid October 19th, 1859, which W;as after the elite became payable. Dudley, in his answer, set forth…

2Cases cited2 opinions

  1. Mason v. Callender, Flint, & Co.Supreme Court of Minnesota · 1858
  2. Talcott v. MarstonSupreme Court of Minnesota · 1859

3Cited by15 opinions

  1. Carey v. StarrTexas Supreme Court · 1900
  2. State ex rel. Little v. MitchellSupreme Court of Kansas · 1893
  3. State ex rel. Beck v. BashamSupreme Court of Kansas · 1937
  4. Peoples Exchange Bank v. MillerSupreme Court of Kansas · 1934
  5. Maker v. TaftSupreme Court of Oklahoma · 1914

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