Bobb v. Bancroft
Supreme Court of Kansas
Error from, Lyon District Court. Amos Bobb, as plaintiff, brought suit against Harvey Bancroft, Carlos N. Bancroft, Robert E. Sheldon, and Robert D. McCarter, partners as Bancroft Bros. & Co., as defendants, declaring against the defendants on a promissory note executed by the defendants, in their partnership name, “ Bancroft Bros. & Co.” .Harvey Bancroft and McCarter alone were served, and they answered, setting up nine defenses.
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Error from, Lyon District Court. Amos Bobb, as plaintiff, brought suit against Harvey Bancroft, Carlos N. Bancroft, Robert E. Sheldon, and Robert D. McCarter, partners as Bancroft Bros. & Co., as defendants, declaring against the defendants on a promissory note executed by the defendants, in their partnership name, “ Bancroft Bros. & Co.” .Harvey Bancroft and McCarter alone were served, and they answered, setting up nine defenses. These defenses, and the proceedings thereon, so far as material to the questions decided are sufficiently stated in the opinion of the court. Judgment was given for…
1Opinion of the Court
The opinion of the court was delivered by
Bbeweíí, J.:
Plaintiff in error, plaintiff below, brought his action against the defendants upon a promissory note. The petition was in the ordinary short form. The defendants, or rather the two of them who were served, filed an answer with several defenses. To these a demurrer was filed, which was overruled as to the second, third, fourth, sixth and seventh defenses. To reverse this ruling on the demurrer plaintiff brings this proceeding in error.
*125The second defense which presents the substantial merits of the controversy is as follows. It appears from…
2Cases cited1 opinion
- Craft v. BentSupreme Court of Kansas · 1871
3Cited by2 opinions
- Wilson v. National Refining Co.Supreme Court of Kansas · 1928
- Fulmer v. HallbauerSupreme Court of Kansas · 1955