Fraker v. Little
Supreme Court of Kansas
Error from, Sedgwick District Court. Action brought by Fraker against Little, as receiver of the First national bank of Wichita, for the recovery of money. The facts are stated in the opinion, infra, and in Fraker v. Cullum, 21 Kas. 556, 557. Trial at the December Term, 1879, of the district court, and judgment against Fraker, who brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This action grows out of the facts which are stated in the opinion in the case of Fraker v. Cullum, 21 Kas. 555, and is for the recovery of about $1,800 due from the bank to plaintiff, and which was given up at the time of the execution of the notes in controversy in that case. The transaction appears now as it did then, and the single question is,' as to the right to recover this money as money paid under a mistake of fact. Beyond question, the original note of $4,862.40 was so altered while in the possession of the bank as to be void.…
2Cases cited2 opinions
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- Fraker v. CulLumSupreme Court of Arkansas · 1879
3Cited by5 opinions
- Douglas County v. KellerNebraska Supreme Court · 1895
- Lyle v. ShinnebargerMissouri Court of Appeals · 1885
- Born v. Lafayette Auto Co.Indiana Supreme Court · 1924
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Jefferson County Bank v. Hansen Lumber Co.Court of Appeals of Kentucky (pre-1976) · 1932