Moore v. McIntosh
Supreme Court of Kansas
Error from Bourbon District' Court. Action on a promissory note given by Moore to McIntosh and one Davenport. Suit was commenced before a justice of the peace, and removed to the district court by appeal.
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Error from Bourbon District' Court. Action on a promissory note given by Moore to McIntosh and one Davenport. Suit was commenced before a justice of the peace, and removed to the district court by appeal. Moore answered, setting up several defenses first, “ a total want of consideration, in this, that said plaintiff and Davenport falsely pretended to this defendant that they had a good and valid claim, and a real and bona fide interest in and to a certain tract of land,” (describing it;) that they agreed to relinquish their said pretended rights to the defendant, and guaranty that he should…
1Opinion of the Court
The opinion of the court was delivered by
Sarrord, J.:
ti°endo“° pi00f *43cannot^fresume silence. *42This was an action upon an ordinary promissory note, and the questions here presented, involve to some extent a consideration of the answer of the defendant, and the facts relating *43thereto, which appear to have been found by the court. Several defenses were interposed, but of these, it will be necessary to call attention to the first only, and that is the plea of a want of consideration. The other defenses are to be laid out of the case, for the reason, that there are no findings in respect thereof,…
2Cases cited2 opinions
- Welch v. BryanSupreme Court of Missouri · 1859
- Burns v. HaydenSupreme Court of Missouri · 1857
3Cited by9 opinions
- Burlington, Kansas & Southwestern Railroad v. JohnsonSupreme Court of Kansas · 1887
- Morris v. VanlaninghamSupreme Court of Kansas · 1873
- Lapham v. HeadSupreme Court of Arkansas · 1878
- Lewis v. WetherellSupreme Court of Minnesota · 1887
- Bell v. ParksSupreme Court of Kansas · 1877
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