Legal Opinion

Kermeyer v. Newby

Supreme Court of Kansas

Decided January 15, 1875PublishedCited by 15 opinions

Error from Leavenworth District Court. Action by Newby, on an account. The pleadings and facts are fully stated in the opinion. Newby had judgment at the November Term 1873, and Kermeyer brings the case here for review. No briefs on file.

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

This action was upon an account for $319.92 for cattle sold and delivered by Newby to Kermeyer. The answer was a general denial, and payment, but on the trial it was admitted that the plaintiff Newby sold and delivered the cattle at the price stated in the petition. The case was tried by the court, who found generally for the plaintiff, thereby finding, in addition to the admitted facts, that payment had not been made. There were no special findings of fact, and no question of law raised for this court, except that the evidence does not…

2Cases cited1 opinion

  1. Mehlberg v. TisherWisconsin Supreme Court · 1869

3Cited by15 opinions

  1. Noble v. DoughtenSupreme Court of Kansas · 1905
  2. Bradley, Wheeler & Co. v. HarwiSupreme Court of Kansas · 1890
  3. Hurd v. G. C. Hixon & Co.Supreme Court of Kansas · 1882
  4. Baker-Evans Grain Co. v. RicordSupreme Court of Kansas · 1928
  5. Topeka Capital Co. v. MerriamSupreme Court of Kansas · 1899

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