Cooper v. Davis Sewing Machine Co.
Supreme Court of Kansas
M'ror from Anderson District Court. The Davis Sewing Machine Company commenced this action against the defendants, E. Cooper, Clark Decker, and J. C. Renzenberger, on several promissory notes made by E. Cooper, and also upon the guaranty bond given by all the defendants to guarantee the payment of all indebtedness between defendant Cooper and plaintiff in the sale of goods, and for which these notes were afterward given.
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M'ror from Anderson District Court. The Davis Sewing Machine Company commenced this action against the defendants, E. Cooper, Clark Decker, and J. C. Renzenberger, on several promissory notes made by E. Cooper, and also upon the guaranty bond given by all the defendants to guarantee the payment of all indebtedness between defendant Cooper and plaintiff in the sale of goods, and for which these notes were afterward given. The defendants answered, setiing up, first, a general denial; second, that the guaranty bond given by them had been taken up, and another guaranty bond given instead. To this…
1Opinion of the Court
Opinion by
Clogston, C.:
The first question is, what errors are presented by the record? The motion for a new trial presents but two grounds therefor: First, “the judgment is contrary to law, and is not sustained by sufficient evidence.” Second, “in the amount of recovery, the same being too large.” Was the judgment contrary to law? It was founded, first, upon the promissory notes executed by the defendant Cooper, which is pot denied; second, upon the guaranty bonds of all the defendants, which bonds guaranteed that Cooper would pay for all merchandise, machines and goods received by him from…
2Cases cited2 opinions
- Brookover v. EsterlySupreme Court of Kansas · 1873
- Netcott v. PorterSupreme Court of Kansas · 1877
3Cited by4 opinions
- Holt v. HoltSupreme Court of Oklahoma · 1909
- United States v. WilsonCourt of Appeals for the Tenth Circuit · 1935
- Kepley v. Carter & SuggsSupreme Court of Kansas · 1892
- First National Bank v. AbmeyerSupreme Court of Kansas · 1910