Vickroy v. Pratt
Supreme Court of Kansas
Error from Labette District Court. Pratt brought suit upon a promissory note, of which ithe following is a copy: •“ $250. “ Chetopa, Kansas, Oct. 14,1869. “ Sixty days after date I promise to pay to the order of Mathew G. Pratt two hundred and fifty dollars, for value received, negotiable and payable without defalcation or •discount, and with interest at the rate of twelve per cent, per annum from maturity. G. H. Viceroy.”
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Error from Labette District Court. Pratt brought suit upon a promissory note, of which ithe following is a copy: •“ $250. “ Chetopa, Kansas, Oct. 14,1869. “ Sixty days after date I promise to pay to the order of Mathew G. Pratt two hundred and fifty dollars, for value received, negotiable and payable without defalcation or •discount, and with interest at the rate of twelve per cent, per annum from maturity. G. H. Viceroy.” The defendant answered setting up three defenses in substance as follows: He admitted the execution and delivery of the note, but alleged that he gave the same by reason of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
A single question determines this case. Pratt, plaintiff below, brought suit on a promissory note. Yickroy, defendant below, filed an answer with three counts. A demurrer to the answer was filed and sustained. No application being made to amend the answer, judgment was rendered for the amount of the note and interest. Does either count in the answer present a defense to the note sued upon ? The first, in brief alleged that the note was given in consideration of the sale and delivery of possession of a tract of land to which the Indian title…
2Cases cited1 opinion
- Stone v. YoungSupreme Court of Kansas · 1865
3Cited by9 opinions
- Lucas v. SturrSupreme Court of Arkansas · 1879
- In Re DossettSupreme Court of Oklahoma · 1894
- Bell v. ParksSupreme Court of Kansas · 1877
- Dees v. StateMississippi Supreme Court · 1900
- Glover v. BerridgeSupreme Court of Kansas · 1912
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