Legal Opinion

Herman v. Lynch

Supreme Court of Kansas

Decided July 15, 1881PublishedCited by 4 opinions

Error from Harvey District Court. Action brought by Lynch against Herman, to recover $265 received by the defendant from the plaintiff, with which to purchase exchange for plaintiff. Trial at the March Term, 1880, and judgment for the plaintiff for $176.44, and costs. Herman brings the case here. The facts sufficiently appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought by R. B. Lynch against J. M. Herman to recover $265 received by Herman from Lynch, with which to purchase exchange. The petition alleged, among other things, as follows:

“That about November 25, 1876, this plaintiff was indebted to J. E. Hayner & Co. and to Andrew J. Hodges in large amounts, and that while he was so indebted as aforesaid, he delivered to the defendant herein, J. M. Herman, the sum of $265, for the purpose and under an agreement with the said J. M. Herman, that he, the said J. M. Herman, would…

2Cases cited17 opinions

  1. Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
  2. Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
  3. State v. BancroftSupreme Court of Kansas · 1879
  4. White & Williams v. PlattNew York Supreme Court · 1848
  5. Woodward v. TowneMassachusetts Supreme Judicial Court · 1879

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3Cited by4 opinions

  1. Windscheffel v. WrightSupreme Court of Kansas · 1961
  2. Hubbard v. Bibb Brokerage Co.Court of Appeals of Georgia · 1931
  3. Bryant v. KinyonMichigan Supreme Court · 1901
  4. Inge v. StillwellSupreme Court of Kansas · 1912

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