Harrison National Bank v. Leslie
Supreme Court of Kansas
Error from Reno district court; W. H. Lewis, judge. STATEMENT. This action was brought by plaintiff in error in the district court, of Reno county against the defendant in error on a separate guaranty of a promissory note executed by one Compton to the Zeb. F. Crider Commission Company, and by said company indorsed and sold to the plaintiff.
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Error from Reno district court; W. H. Lewis, judge. STATEMENT. This action was brought by plaintiff in error in the district court, of Reno county against the defendant in error on a separate guaranty of a promissory note executed by one Compton to the Zeb. F. Crider Commission Company, and by said company indorsed and sold to the plaintiff. The note was, when sold, also secured by a chattel mortgage on about 100 head of cattle, which mortgage was executed at the time the note was given. The separate guaranty was set forth in the petition, and reads as follows: “For value received, I hereby…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The errors complained of relate to the giving of instructions excepted to by plaintiff, and the refusal to give others asked by plaintiff. In the first *403instruction given of which complaint is made the connective “and” was evidently omitted, giving a very erroneous meaning to the sentence. Yet the omission is so apparent that an intelligent jury might be presumed to have supplied it, and we are reluctant to predicate a reversal upon an error that appears to be a palpable clerical mistake. This instruction, however, authorized the jury to find…
2Cases cited2 opinions
- Briggs v. LathamSupreme Court of Kansas · 1887
- Winans v. Gibbs & Starrett Manufacturing Co.Supreme Court of Kansas · 1892
3Cited by2 opinions
- Waggoner v. KoonSupreme Court of Oklahoma · 1917
- United States Banking Co. v. VealeSupreme Court of Kansas · 1911