Davis v. Gosser
Supreme Court of Kansas
Error from Ellis District Court. Plaintiffs in error brought suit in justice’s court against the defendants to recover $200 on a promissory note.
Read the full summary
Error from Ellis District Court. Plaintiffs in error brought suit in justice’s court against the defendants to recover $200 on a promissory note. Trial and judgment for the defendants, and the cause appealed to the district court, where a trial by jury was had at the May term, 1886, and verdict was rendered for the defendants for $300; which verdict was set aside and a new trial granted, and the new trial resulted in a verdict for the defendants for $500, two hundred dollars of which were remitted, and judgment rendered for $300. To reverse this judgment the plaintiffs bring the case here.
1Opinion of the Court
Opinion by
Cgogston, C.:
The note sued on was given in part payment for a threshing-machine. The machine was sold by the plaintiffs to the defendants for the sum of six hundred and fifty dollars, and notes were taken in payment. This sale was made in July, 1882, and the first note was made payable in the October following; others in a year from that time, and some still later. The note in controversy was payable in October, 1883. The machine was sold by an agent who resided in Ellis county. The plaintiffs were residents of Davenport, Iowa. The contract under which the machine was purchased was…
2Cited by2 opinions
- F. C. Austin Manufacturing Co. v. ClendenningIndiana Court of Appeals · 1899
- Geiser Mfg. Co. v. CassellCourt of Appeals for the Eighth Circuit · 1909