Legal Opinion

Semple & Birge Manufacturing Co. v. Detwiler

Supreme Court of Kansas

Decided July 15, 1883PublishedCited by 4 opinions

Error from Neosho District Court. Action brought by the Semple & Birge Manufacturing Company against Detwiler, on three promissory notes by him executed to the plaintiff. At the July Term, 1882, the company recovered against defendant a judgment, which it avers to be erroneous, and brings here for review. The defendant also files a cross-petition herein. All necessary facts, pleadings and proceedings are stated in the opinion.

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Error from Neosho District Court. Action brought by the Semple & Birge Manufacturing Company against Detwiler, on three promissory notes by him executed to the plaintiff. At the July Term, 1882, the company recovered against defendant a judgment, which it avers to be erroneous, and brings here for review. The defendant also files a cross-petition herein. All necessary facts, pleadings and proceedings are stated in the opinion. The first question to be considered is that of negligence, and what degree of diligence is required on the part of the pledgee in order to release him from all…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action brought by the Semple & Birge Manufacturing Company — a corporation organized under the laws of the state of Missouri — against J. R. Detwiler, to recover the sum of $1,770.97, with interest, alleged to be due on three promissory notes executed by the defendant to the plaintiff. For the purpose of securing the indebtedness for which the notes were executed, the defendant had pledged certain other promissory notes as collateral security. Several of the notes thus pledged were collected through the agents of plaintiff,…

2Cases cited6 opinions

  1. Wood v. MatthewsSupreme Court of Missouri · 1881
  2. Fennell ex rel. Fennell v. McGowanMississippi Supreme Court · 1880
  3. Trotter v. CrockettSupreme Court of Alabama · 1835
  4. Wakeman v. GowdyThe Superior Court of New York City · 1863
  5. Whitten v. WrightMichigan Supreme Court · 1876

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

3Cited by4 opinions

  1. First National Bank of Fort Dodge v. O'ConnellSupreme Court of Iowa · 1892
  2. Farm Investment Co. v. Wyoming College & Normal SchoolWyoming Supreme Court · 1902
  3. Melvindale State Bank v. EckfeldMichigan Supreme Court · 1938
  4. Scott v. First National Bank of TulsaCourt Of Appeals Of Indian Territory · 1904

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