German v. Ritchie
Supreme Court of Kansas
Error from Shawnee District CoxCrt. Gekman brought suit before a justice of the peace to recover' a balance due on a promissory note, the costs and fees of protesting said note, and the six per cent, damages given by § 14,. ch. 14, Gen. Stat. The following is a copy of the note: “$600. Topeka, October 4th, 1870. “Sixty bays after date I will pay R. P. German, or order,, at Topeka Bank and Savings Institution, six hundred dollars,, for value received, with interest at the…
Read the full summary
Error from Shawnee District CoxCrt. Gekman brought suit before a justice of the peace to recover' a balance due on a promissory note, the costs and fees of protesting said note, and the six per cent, damages given by § 14,. ch. 14, Gen. Stat. The following is a copy of the note: “$600. Topeka, October 4th, 1870. “Sixty bays after date I will pay R. P. German, or order,, at Topeka Bank and Savings Institution, six hundred dollars,, for value received, with interest at the rate of twelve per cent.per annum until paid. _ John Ritchie.” Plaintiff in his bill of particulars admitted sundry…
1Opinion of the Court
"The opinion of the court was delivered by
Kingman, C. J.:
1 protest when •Notaíy’safeés .ana damages. Three questions are presented in this -case: 1st, Does the law require a promissory note, negotiable in form, but remaining in the hands .of the original payee, to be protested for nonpayment? Clearly not. The protest seryes n0 purpose,. It fixes no liability not previomsly existing, and is not required either by ^ law-merchant .or by statute. In this case the action is brought by the original payee, he averring that he ¡indorsed it to the Topeka Bank for collection only. Upon its maturity no…
2Cited by11 opinions
- City of Oklahoma City v. HillSupreme Court of Oklahoma · 1896
- Stanley v. Farmers' BankSupreme Court of Kansas · 1877
- Thomas v. ReynoldsSupreme Court of Kansas · 1883
- Woolley v. Van VolkenburghSupreme Court of Kansas · 1876
- Kuhuke v. WrightSupreme Court of Kansas · 1879
6 more not listed; retrieve them via the Exa API.