Swayze v. Britton
Supreme Court of Kansas
Error from Chase District Court. Action by Swayze against two parties, as makers, and two others as indorsers, of a promissory note. The note was for $1,500, dated 1st May 1875, payable ninety days thereafter, with interest from maturity at twelve per cent, per annum. The makers pleaded usury. The indorsers answered separately, and each a general denial.
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Error from Chase District Court. Action by Swayze against two parties, as makers, and two others as indorsers, of a promissory note. The note was for $1,500, dated 1st May 1875, payable ninety days thereafter, with interest from maturity at twelve per cent, per annum. The makers pleaded usury. The indorsers answered separately, and each a general denial. Trial at the December Term 1875. Findings and judgment for plaintiff against both makers and one indorser, for $1,493.80, and costs, and finding in favor of defendant Britton, and judgment in his favor for costs. Swayze, plaintiff, brings the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In May 1869, this court in the case of Hume v. Watt, 5 Kas. 34, decided that when the indorser of a bill of exchange or promissory note resided in the same city or town where the protest thereof was made, notice of the dishonor of the bill or note must be personal, or by leaving it, if the party be absent, at his dwelling-house, or *626usual place of business. In 1871 the legislature attempted to change this rule, or rather to avoid this decision, by passing an act entitled “An act concerning notaries public,” approved March 2d 1871, (Laws…
2Cases cited10 opinions
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
- Fulton v. MaccrackenCourt of Appeals of Maryland · 1862
- Harris v. RobinsonSupreme Court of the United States · 1846
- Burke v. McKaySupreme Court of the United States · 1844
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3Cited by14 opinions
- State v. BarrettSupreme Court of Kansas · 1882
- State v. Bankers' & Merchants' Mutual Benefit Ass'nSupreme Court of Kansas · 1880
- Philpin v. McCartySupreme Court of Kansas · 1880
- Parker v. HamiltonSupreme Court of Oklahoma · 1915
- State Ex Rel. Fatzer v. ShanahanSupreme Court of Kansas · 1955
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