Anthony v. Herman
Supreme Court of Kansas
Mr or from Cloud District Court. Action by Anthony against Mark J. Kelley, B. F. Herman, and four others, on a certain. contract, or bond, which is set forth in full in the opinion. Kelley made default. Herman and the other four defendants demurred, and their demurrer was sustained at the August Term 1873. Anthony appeals, and brings the case here on .error. The facts are stated in the brief of plaintiff, and in the opinion.
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Mr or from Cloud District Court. Action by Anthony against Mark J. Kelley, B. F. Herman, and four others, on a certain. contract, or bond, which is set forth in full in the opinion. Kelley made default. Herman and the other four defendants demurred, and their demurrer was sustained at the August Term 1873. Anthony appeals, and brings the case here on .error. The facts are stated in the brief of plaintiff, and in the opinion. On the 22d of July 1870, Kelley made his promissory note payable to one Young for the sum of $435, with interest, which note was by said Young indorsed and delivered to…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action commenced in the district court of Cloud county, by D. R. Anthony as plaintiff, on a certain bond of which the following is a copy:
“Know all men by these presents, that I, Mark J. Kelley, of Osborne county, Kansas, in consideration of R. F. Herman, B. V. Honey, F. K. Teter, David Keller, and E. Kennedy assuming the payment of a certain chattel mortgage given by the said Mark J. Kelley to D'. R. Anthony, dated August 20th 1871, and filed August 30th 1871, in Cloud county, Kansas, and holding the said Mark J. Kelley harmless…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Barker v. BucklinNew York Supreme Court · 1846
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Delaware & Hudson Canal Co. v. Westchester County BankNew York Supreme Court · 1847
3Cited by32 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Burton v. LarkinSupreme Court of Kansas · 1887
- Ballard v. Home National BankSupreme Court of Kansas · 1913
- Holmes v. KalbachSupreme Court of Kansas · 1953
- Robertson v. Board of County CommissionersSupreme Court of Kansas · 1927
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