Condell v. Burlingame Sayings Bank
Supreme Court of Kansas
Action brought by the Burlingame Savings Bank against T. E. and Thomas Condell, to recover the sum of $3,221.35 on an overdrawn account kept with said bank, and in the name of T. E. Condell. The petition alleged that Thomas Condell and T. E. Gondell were partners doing business under the firm-name of T. E. Condell; and' that the money sued for was lent and advanced to the partnership by the plaintiff, at the special instance and request of the said partnership.
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Action brought by the Burlingame Savings Bank against T. E. and Thomas Condell, to recover the sum of $3,221.35 on an overdrawn account kept with said bank, and in the name of T. E. Condell. The petition alleged that Thomas Condell and T. E. Gondell were partners doing business under the firm-name of T. E. Condell; and' that the money sued for was lent and advanced to the partnership by the plaintiff, at the special instance and request of the said partnership. The defendant, T. E. Condell, in said action, made default. Thomas Condell answered, putting in issue all the allegations in…
1Per curiam
This proceeding in error seeks to reverse an order granting a new trial. The action was on an overdrawn account. The account stood in the name of T. E. Condell. The claim was that T. E. & Thomas Condell were partners under the name of T. E. Condell, and that the bank account was a partnership affair. That they were partners at one time, is clearly shown; that they were at the time of the overdraft, is doubtful; and that the account was a partnership one, still more doubtful. If the motion had been overruled, we should with little hesitation have sustained the ruling. As it is, with much doubt…
2Cases cited4 opinions
- Field v. KinnearSupreme Court of Kansas · 1869
- City of Ottawa v. WashabaughSupreme Court of Kansas · 1873
- Ryan v. Topeka Bridge Co.Supreme Court of Kansas · 1871
- Bedell v. Burlington National BankSupreme Court of Kansas · 1876
3Cited by1 opinion
- Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883