Norton v. Foster
Supreme Court of Kansas
Error from Saline District Court. Foster brought his action in the district court on a promissory note, claiming judgment “for $79, 'with interest thereon from the 18th of January 1867, at the rate of ten per cent. ,per annum.” The petition was filed in May 1871. The answer of the defendant contained three defenses, which are fully stated in the opinion, as are also the proceedings and question raised on the trial in the court below.
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Error from Saline District Court. Foster brought his action in the district court on a promissory note, claiming judgment “for $79, 'with interest thereon from the 18th of January 1867, at the rate of ten per cent. ,per annum.” The petition was filed in May 1871. The answer of the defendant contained three defenses, which are fully stated in the opinion, as are also the proceedings and question raised on the trial in the court below. The plaintiff had judgment at the April Term 1872 of the district court, and defendant Norton brings the case here. The rulings of the district court which…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action on a promissory note.
The plaintiff in error (defendant below) says in his brief that, “The rulings of the district court which plaintiff in error seeks to have reviewed in this case are two: First, Has the district court jurisdiction of actions on contract for the recovery of money only, where the amount claimed does not exceed $300? And second, Is a defendant deprived of his right of set-off, or counterclaim, against the assignee of a promissory note where the assignment of such note is made after the maturity of the…
2Cases cited2 opinions
- Leavenson v. LafontaneSupreme Court of Kansas · 1866
- Henderson & Garnick v. Kennedy & PierattSupreme Court of Kansas · 1872
3Cited by5 opinions
- Carson v. FunkSupreme Court of Kansas · 1882
- McKay v. H. A. Hall & Co.Supreme Court of Oklahoma · 1912
- Curlee v. RulandSupreme Court of Oklahoma · 1916
- Sinclair Refining Co. v. RosierSupreme Court of Kansas · 1919
- Kerr v. ReeceSupreme Court of Kansas · 1882