Jones v. Eisler
Supreme Court of Kansas
Error from Franklin County. This action was brought September 11th, 1863, in Franklin County District Court, on a note, as follows: “$237.37. Ottawa Creek, April 20th, 1860. For value received (in cutting stone) by Gouliep Anders, I promise to pay when I receive it from government for losses sustained in August 1856, or as soon as otherwise convenient, the sum of two hundred and thirty-seven dollars and thirty-seven cents.
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Error from Franklin County. This action was brought September 11th, 1863, in Franklin County District Court, on a note, as follows: “$237.37. Ottawa Creek, April 20th, 1860. For value received (in cutting stone) by Gouliep Anders, I promise to pay when I receive it from government for losses sustained in August 1856, or as soon as otherwise convenient, the sum of two hundred and thirty-seven dollars and thirty-seven cents. John T. Jones,” which note bore the following endorsements, viz: “April 9th, 1860, received of the within note twenty dollars.” “June 18th, 1860, received of the within…
1Opinion of the Court
By the Court,
Cboziee, C. J.
The first question presented by the record is, when did the note sued on become due ? The note is not a conditional one. The maker owed the payee who had performed labor for him. He declares in the paper that he has received the consideration, which all must admit was a valuable one. The existence of the debt was not made to depend upon a condition or contingency. Everything necessary to constitute a promissory note, except the time of payment, is clearly expressed. As to the time the language is pecu*139liar. It could not have been contemplated that if Jones never got…
2Cited by6 opinions
- Atchison, Topeka & Santa Fé Railroad v. Burlingame TownshipSupreme Court of Kansas · 1887
- Benton v. BentonSupreme Court of Kansas · 1908
- Greenstreet v. CheatumSupreme Court of Kansas · 1916
- Dille v. LongwellSupreme Court of Iowa · 1920
- Ryan v. LitchfieldSupreme Court of Iowa · 1913
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