First National Bank v. Lightner
Supreme Court of Kansas
Error from Edwards district court; Charles E. Lob-dell, judge. STATEMENT. The First National Bank of Hutchinson brought this action against George W. Lightner. Two causes of action are declared upon in the petition: The first, upon a check for $1000, drawn in favor of the bank by defendant; the second, upon an order for $1500, drawn by the Snyder Planing-mill Company upon the bank, and accepted by defendant.
Read the full summary
Error from Edwards district court; Charles E. Lob-dell, judge. STATEMENT. The First National Bank of Hutchinson brought this action against George W. Lightner. Two causes of action are declared upon in the petition: The first, upon a check for $1000, drawn in favor of the bank by defendant; the second, upon an order for $1500, drawn by the Snyder Planing-mill Company upon the bank, and accepted by defendant. It was alleged that the $1000 check was given by defendant to take up an order for that amount which was drawn upon the bank by the planing-mill company about the same time the other…
1Opinion of the Court
The opinion of the court was delivered By
Porter, J.:
The main controversy is whether the orders given by the planing-mill company to the bank and accepted, by defendant are negotiable instruments. It is true that no specific time of payment is mentioned, but that does not affect their validity as such instruments; and, where no date is mentioned, they are payable on demand. (4 A. & E. Encycl. of L. 133, and note 3; Douglass v. Sargent & Bro., 32 Kan. 413, 4 Pac. 861.) Each of them, therefore, possesses all the essential elements of a bill of exchange, unless the words “on account of contract…
2Cases cited17 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Brill v. . TuttleNew York Court of Appeals · 1880
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Siegel, Cooper & Co. v. Chicago Trust & Savings BankIllinois Supreme Court · 1890
- Clark v. SkeenSupreme Court of Kansas · 1900
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Main Bank of Chicago v. BakerIllinois Supreme Court · 1981
- Shelling State Bank v. ClasenSupreme Court of Minnesota · 1916
- Grand Lodge of the Ancient Order of United Workmen v. State BankSupreme Court of Kansas · 1914
- Hight v. McCullochTennessee Supreme Court · 1923
- Utah Lake Irr. Co. v. AllenUtah Supreme Court · 1924
17 more not listed; retrieve them via the Exa API.