Legal Opinion

Sweet v. Hentig

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 7 opinions

Error from Shawnee District Court. Injunction brought by Sweet against F. G. Hentig, A. H. Hentig, and W. B. Disbroiv, as sheriff, etc., to restrain the collection of the remainder apparently due defendant F. G. Hentig upon a certain judgment against the plaintiff, and to obtain an order that the said F. G. Hentig, for himself and as attorney for A. H. Hentig, enter upon the records of the court aforesaid, full satisfaction of said judgment.

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Error from Shawnee District Court. Injunction brought by Sweet against F. G. Hentig, A. H. Hentig, and W. B. Disbroiv, as sheriff, etc., to restrain the collection of the remainder apparently due defendant F. G. Hentig upon a certain judgment against the plaintiff, and to obtain an order that the said F. G. Hentig, for himself and as attorney for A. H. Hentig, enter upon the records of the court aforesaid, full satisfaction of said judgment. The nature of the action, and the facts, sufficiently appear in the opinion. Trial at the May Term, 1880, of the district court, and judgment for the…

1Opinion of the Court

*498The opinion of the court was delivered by

Brewer, J.:

This is a case in which to a charge of conduct unprofessional and dishonest, the defendant pleads the statute of limitations as the single barrier to plaintiff’s right to relief. The facts are these: In 1874, plaintiff was an accommodation indorser upon a note executed to the brother of defendant, but which in fact belonged to defendant. Suit was brought upon this note. Pending the suit, at the request of defendant, plaintiff paid him several hundred dollars, upon his promise to credit that amount upon the claim, and take judgment for only…

2Cases cited1 opinion

  1. Young v. WhittenhallSupreme Court of Kansas · 1875

3Cited by7 opinions

  1. Coulter v. Dodge, ChancellorSupreme Court of Arkansas · 1939
  2. Stock v. ScottSupreme Court of Kansas · 1931
  3. In re AbreuHawaii Supreme Court · 1923
  4. Lee v. PriceUtah Supreme Court · 1919
  5. Hentig v. SweetSupreme Court of Kansas · 1882

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