L. M. Rumsey & Co. v. Schmitz
Supreme Court of Kansas
Error from Wabaunsee District Gou/rt. Rumsey & Co., merchants at St. Louis, Mo., brought suit against Henry Schmitz and August Meyer, alleging that defendants “on the 12th of August 1872 made their certain promissory note in writing, of that date, and then delivered the same to plaintiffs, and thereby promised to pay to plaintiffs, or order, the sum of $465.53 in thirty days after date thereof, with ten per cent, per annum from date; that after the giving of the said…
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Error from Wabaunsee District Gou/rt. Rumsey & Co., merchants at St. Louis, Mo., brought suit against Henry Schmitz and August Meyer, alleging that defendants “on the 12th of August 1872 made their certain promissory note in writing, of that date, and then delivered the same to plaintiffs, and thereby promised to pay to plaintiffs, or order, the sum of $465.53 in thirty days after date thereof, with ten per cent, per annum from date; that after the giving of the said promissory note, and before it became due and payable, plaintiffs lost said note; that plaintiffs had never indorsed said note…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action upon a note, and the sole defense was payment. The facts are these: The defendants doing business at Alma, Kansas, executed their note dated August 12th 1872, due in thirty days, and payable to the order of plaintiffs at the Boatman’s Savings Institution in St. Louis. This note was duly received by the plaintiffs in St. Louis, and placed with their other valuable papers.. These papers were, according to the testimony of J. J. Ostrander, their bookkeeper and treasurer, kept at night locked in their safe, and during the day…
2Cases cited3 opinions
- Tappan v. MorsemanSupreme Court of Iowa · 1865
- Doubleday v. KressNew York Supreme Court · 1871
- Williams v. WalkerNew York Court of Chancery · 1845
3Cited by3 opinions
- Durham v. Carbon Coal & Mining Co.Supreme Court of Kansas · 1879
- Adams v. SmithNevada Supreme Court · 1886
- First National Bank in Creston v. GormanWyoming Supreme Court · 1933