Legal Opinion

Thimes v. Stumpff

Supreme Court of Kansas

Decided January 15, 1885PublishedCited by 18 opinions

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…

2Cases cited7 opinions

  1. Lamborn v. County CommissionersSupreme Court of the United States · 1878
  2. Morris v. WardSupreme Court of Kansas · 1869
  3. Helm v. HelmSupreme Court of Kansas · 1873
  4. Moore v. ReavesSupreme Court of Kansas · 1875
  5. Phillips v. Board of CommissionersSupreme Court of Kansas · 1870

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Teske v. DittbernerNebraska Supreme Court · 1903
  2. Watson v. WatsonSupreme Court of Kansas · 1920
  3. McNutt v. NellansSupreme Court of Kansas · 1910
  4. Atchison, Topeka & Santa Fe Railway Co. v. City of HumboldtSupreme Court of Kansas · 1912
  5. Robertson v. TalleySupreme Court of Kansas · 1911

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