Markland v. McDaniel
Supreme Court of Kansas
Error from Saline District Court. Action on a promissory note by McDaniel against Mark-land and others. Plaintiff had judgment on demurrer to the petition, and defendants bring the case to this court. The opinion states the facts. If the petition is construed as an attempt to hold the defendants as guarantors, it is contradicted by the copy of the indorsement, and therefore bad pleading.
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Error from Saline District Court. Action on a promissory note by McDaniel against Mark-land and others. Plaintiff had judgment on demurrer to the petition, and defendants bring the case to this court. The opinion states the facts. If the petition is construed as an attempt to hold the defendants as guarantors, it is contradicted by the copy of the indorsement, and therefore bad pleading. Banking Co. v. Riley Co. Bank, 30 Kas. 163. Further, we claim that a waiver of protest and notice upon a negotiable note must be in writing. The common-law rules and decisions on this point are not…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action was brought by the defendant in error, as plaintiff below, to recover from Markland, Hodge, and Moore, as indorsers on a promissory note drawn to their order by George W. Wilson and wife, indorsed by them to Smith George, and by Smith George to plaintiff. A copy of the note and indorsements is attached to the petition. The execution of the note and its indorsement by the defendants is alleged, and also that the defendants requested plaintiff, before the note became due, not' to have it protested, and agreed that, if plaintiff…
2Cases cited2 opinions
- Sigerson v. MathewsSupreme Court of the United States · 1858
- Glaze v. FergusonSupreme Court of Kansas · 1892
3Cited by4 opinions
- Bessenger v. WenzelMichigan Supreme Court · 1910
- Dillon v. BronSupreme Court of Kansas · 1915
- Dewey v. SibertSouth Dakota Supreme Court · 1907
- Goffe & Carkener, Inc. v. GurleySupreme Court of Kansas · 1937