Durham v. Hadley
Supreme Court of Kansas
Error from Johnson District Court. On the 14th day of February, 1888, T. J. Hadley and C. M. McEntire brought their action against Thomas L. Hogue, S. R. Burch and H. S. Miller, to recover $500 alleged to have been received by Hogue, Burch ’ & Miller as the agents of Mrs. Bowen for certain real estate sold by them for her benefit. At the instance of Hogue, Burch & Miller, Thomas Durham was also made a defendant.
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Error from Johnson District Court. On the 14th day of February, 1888, T. J. Hadley and C. M. McEntire brought their action against Thomas L. Hogue, S. R. Burch and H. S. Miller, to recover $500 alleged to have been received by Hogue, Burch ’ & Miller as the agents of Mrs. Bowen for certain real estate sold by them for her benefit. At the instance of Hogue, Burch & Miller, Thomas Durham was also made a defendant. With the consent of the court, he filed an answer, claiming the $500. Trial before the court without a jury, at the August term, 1888, and the court made and found the following…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This action was brought by T. J. Hadley and C. M. McEntire, as assignees of Mrs*. M. A. Bowen, to recover the sum of $500, alleged to have been deposited with Hogue, Burch & Miller, real-estate agents, by Thomas Durham, as part purchase-money for certain real estate alleged to have been purchased by Durham from Mrs. M. A. Bowen, through Hogue, Burch & Miller, as her agents. Afterward, by order of the court, Thomas Durham was made a party defendant, and filed his answer claiming the money. Hogue, Burch & Miller answered, admitting the…
2Cases cited2 opinions
- Burhans v. HutchesonSupreme Court of Kansas · 1881
- O'Neill v. DouthittSupreme Court of Kansas · 1889
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