Sidney Smith & Son v. McNair
Supreme Court of Kansas
Error from Leavenworth District Court. Action by McNair against Sidney Smith and Walter S. Smith, partners as Smith & Son, to recover the amount paid defendants by plaintiff’s assignor for three certain false and forged school-district bonds. All the facts are stated in the subjoined opinion. The district court, at the December Term 1875, gave judgment in favor of McNair for $929.79 and costs, and defendants bring the case here.
Read the full summary
Error from Leavenworth District Court. Action by McNair against Sidney Smith and Walter S. Smith, partners as Smith & Son, to recover the amount paid defendants by plaintiff’s assignor for three certain false and forged school-district bonds. All the facts are stated in the subjoined opinion. The district court, at the December Term 1875, gave judgment in favor of McNair for $929.79 and costs, and defendants bring the case here. (No brief has come to hands of reporter.) contended, that the Smiths by selling and delivering forged bonds and coupons warranted that the same were genuine, and that…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:, , , warrarityof’ Tendor' The material questions in this case are, as to the liability of a vendor of forged school-district bonds to the purchaser thereof, where there is no collateral contract of warranty; and if a liability exists against the vendor, whether a return or an offer to return the counterfeit bonds by the purchaser immediately after discovering that they are worthless, is essential to the right of recovery; and lastly, where such vendee has sold *332the forged bonds for a sum in excess of the price paid by him, and has never…
Also in this document: Concurrence.
2Cases cited5 opinions
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Ledwich v. . McKimNew York Court of Appeals · 1873
- Worthington v. CowlesMassachusetts Supreme Judicial Court · 1873
- Terry v. BissellSupreme Court of Connecticut · 1857
- Snyder v. RenoSupreme Court of Iowa · 1874
3Cited by13 opinions
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Meyer v. RichardsSupreme Court of the United States · 1896
- Buckbee v. P. Hohenadel, Jr., Co.Court of Appeals for the Seventh Circuit · 1915
- Ehrsam v. BrownSupreme Court of Kansas · 1907
- Davis v. Ferguson Seed FarmsCourt of Appeals of Texas · 1923
8 more not listed; retrieve them via the Exa API.