Legal Opinion

Fox v. Van Norman

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 6 opinions

Error from Labette District Court. The petition below was entitled “George W. Fox,plaintiff, v. Mrs. Peter Van Norman, defendant.”

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Error from Labette District Court. The petition below was entitled “George W. Fox,plaintiff, v. Mrs. Peter Van Norman, defendant.” The body of said petition is as follows: “The plaintiff shows to the court that Peter Van Norman in his lifetime made and delivered his certain promissory note, of which the following is a copy: [Then follows copy of note dated January 12th 1871, for $125, payable three months after,date to N. L. Harlin, signed 'Peter Van Norman/ And two other notes made by said Peter are in like manner severally stated in the petition — after which the petition reads:] And the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Plaintiff sued the widow of Peter Van Norman on some promissory notes executed by him in his lifetime, and claimed a personal judgment against her. Did *217the petition state facts sufficient to constitute a cause of action? We think not. The defendant did not sign the notes, and is not therefore responsible as maker. It is alleged that she is the sole heir of Peter Van Norman. But that creates no liability. The debts of a man die with him, except so far as his own property will satisfy them. There is no transfer of obligation to the heir. It is…

2Cases cited3 opinions

  1. Green v. RugelyTexas Supreme Court · 1859
  2. Ansley v. BakerTexas Supreme Court · 1855
  3. Zane v. ZaneSupreme Court of Kansas · 1869

3Cited by6 opinions

  1. Ætna Life Insurance v. SwayzeSupreme Court of Kansas · 1883
  2. Rohrbaugh v. HamblinSupreme Court of Kansas · 1896
  3. Harmon v. NofireSupreme Court of Oklahoma · 1928
  4. McLean v. WebsterSupreme Court of Kansas · 1891
  5. Rozelle v. HarmonMissouri Court of Appeals · 1888

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