Challiss v. McCrum
Supreme Court of Kansas
Error from Atchison District Court. McCeum sued Challiss to recover the sum of $229.60, with interest thereon at seven per cent, per annum, from December lOtb, 1875, alleged to be due plaintiff on a certain promissory note by defendant, indorsed without recourse, and transferred to plaintiff.
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Error from Atchison District Court. McCeum sued Challiss to recover the sum of $229.60, with interest thereon at seven per cent, per annum, from December lOtb, 1875, alleged to be due plaintiff on a certain promissory note by defendant, indorsed without recourse, and transferred to plaintiff. At the March Term, 1878, of the district court, the defendant Challiss interposed a general demurrer to the petition, which was overruled, and to review this ruling the case is brought' here. All necessary facts appear in the opinion. In this case there is no question of fraud, concealment, or…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*161indorsement course^implied warranty. *160On December 4,1871, plaintiff in error loaned one Edward A. Ege $250, and took his note therefor in the sum of $265, payable to Bichard Probasco or bearer, and secured by mortgage. Long after its maturity, and in 1876, several payments having been made thereon in the meantime, plaintiff in error sold the note for its then face value to defendant in error. At the time of such sale he indorsed it, “ Without recourse. — W. L. Challiss.” McCrum sued on the note. Ege plead usury. The plea was sustained, and…
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