Hendrix v. Fuller
Supreme Court of Kansas
Error from Douglas District Court. Hendrix, McKnabb & Co., as plaintiffs, brought suit in the district court of Douglas county against Fuller and Thompson upon a note, and indorsement thereon,, stated in the petition as follows : “ $2,150. “ New Orleans, 10th January, 1869. “ Thirty days after date I promise to pay to the order of Waddy Thompson, twenty-one hundred and fifty dollars, value received. Edward E. Fuller.”
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Error from Douglas District Court. Hendrix, McKnabb & Co., as plaintiffs, brought suit in the district court of Douglas county against Fuller and Thompson upon a note, and indorsement thereon,, stated in the petition as follows : “ $2,150. “ New Orleans, 10th January, 1869. “ Thirty days after date I promise to pay to the order of Waddy Thompson, twenty-one hundred and fifty dollars, value received. Edward E. Fuller.” “ Said Thompson, by his indorsement on the back of said note, for value received, * * * became and is liable to said plaintiffs on said note as guarantor thereof.” Neither of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiffs brought suit in the district court of Douglas county. Summons was issued-on the 8th of September, 1870, to the sheriff’ of said county and returned with this indorsement:
“ Sheriff’s office, Douglas Co., Has. Deceived the within summons the 9th- day of Sept., 1870, at 10 o’clock a. *336m., and return the same Sept. 12th, 1870, non est; Nl T. Stephens accepting service for the within named Waddy Thompson, See acceptance.
“ Samuel Walker, sheriff of Douglas county.”
“I admit personal service of this summons, this 9th day of Sept,, 1870.…
2Cited by14 opinions
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- Haggerty v. Sherburne Mercantile Co.Montana Supreme Court · 1947
- Security National Bank v. McCutcheonSupreme Court of Kansas · 1920
- Linney v. ThompsonSupreme Court of Kansas · 1890
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