Legal Opinion

Dodge v. Oatis

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 8 opinions

Error from Smith District Court. At the October Term, 1881, of the district court, defendant Oatis had judgment against plaintiff Dodge, who brings the case here. The facts, appear in thejopinion.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought before a justice of the peace of Smith county, by David Dodge, against James A. Oatis, to recover the sum of $25 upon a certain promissory note. The defense was: First, fraud in procuring the note; second, failure of consideration; third, a contemporaneous verbal agreement máking the note invalid upon certain conditions, which conditions had been fulfilled. The case was tried before a justice of the peace and a jury, and the *763defendant was allowed to introduce a portion of his evidence, tending to prove his…

2Cases cited2 opinions

  1. Babcock v. D. Deford & Co.Supreme Court of Kansas · 1875
  2. Weeks v. MedlerSupreme Court of Kansas · 1878

3Cited by8 opinions

  1. Deming Investment Co. v. WallaceSupreme Court of Kansas · 1906
  2. Independent Harvester Co. v. AndersonSouth Dakota Supreme Court · 1921
  3. McMillan v. GardnerSupreme Court of Kansas · 1912
  4. Evans v. N. B. McElfreshSupreme Court of Kansas · 1911
  5. Ames v. KinneakWashington Supreme Court · 1906

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