Thimes v. Stumpff
Supreme Court of Kansas
M'ror from Coffey District Cowrt. ACTION brought by Thimes against Stumpff to recover upon a promissory note for $200, executed by the defendant, May 23, 1882, and payable to the order, of the plaintiff, on July 15, 1882, with interest at 8 per cent, per annum after maturity.
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M'ror from Coffey District Cowrt. ACTION brought by Thimes against Stumpff to recover upon a promissory note for $200, executed by the defendant, May 23, 1882, and payable to the order, of the plaintiff, on July 15, 1882, with interest at 8 per cent, per annum after maturity. The defendant set up as a defense, that the note was given without consideration, alleging that the note was given as an advance payment upon the following-described real estate, situate in Coffey county, Kansas, to wit: The southeast quarter of the southeast quarter of section 14, and all of the east half of the…
1Opinion of the Court
*57Tlie opinion of the court was delivered by
JOHNSTON, J.:
The findings of fact made by the court below are accepted by plaintiff, without complaint. They show that the promissory note sued on in this action, together with $40 in money, was delivered and paid by the defendant as a partial payment upon an eighty-acre farm which the plaintiff attempted to sell and convey to the defendant. The plaintiff was a married man, a resident of the state, the head of a family, and with his wife and family occupied the land as a homestead. The written instrument or paper by which the plaintiff agreed to sell…
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