Challiss v. Wylie
Supreme Court of Kansas
Error from Atohison District Court. A.ctiost brought September 22, 1884, by Mamie A. Wylie against W. L. Challiss, to recover $1,500 and interest upon a promissory note, of which the following is a copy: “$1,500. Atchison, Kans., Feb. 15, 1883. “ One day after date, I promise to pay to the order of Mamie A. Wylie the sum of fifteen hundred dollars, for value received, to bear ten per cent, interest per annum from date; if the interest is not annually paid, to become as…
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Error from Atohison District Court. A.ctiost brought September 22, 1884, by Mamie A. Wylie against W. L. Challiss, to recover $1,500 and interest upon a promissory note, of which the following is a copy: “$1,500. Atchison, Kans., Feb. 15, 1883. “ One day after date, I promise to pay to the order of Mamie A. Wylie the sum of fifteen hundred dollars, for value received, to bear ten per cent, interest per annum from date; if the interest is not annually paid, to become as principal and bear the same rate of interest; payable without defalcation or discount. And I do hereby relinquish and waive…
1Opinion of the Court
The opinion of the court was delivered by
PIojkton, C. J.:
1. Embezzlement; waiver of tort; We think the trial court committed error in striking out of the answer of Challiss his set-off against Robert W! Wylie for the sum of $2,000. In this state, any cause of action arising from contract, whether it be for a liquidated demand or for unliquidated damages, may constitute á set-off and be pleaded as such in any action founded upon contract; and a cause of action founded . -,. 1 , , , -, . upon an implied contract may be pleaded m set-off as well as any other cause of action. Even where a cause…
2Cases cited2 opinions
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Eggan v. BriggsSupreme Court of Kansas · 1880
3Cited by16 opinions
- Kansas City, M. & O. Ry. Co. v. ShuttSupreme Court of Oklahoma · 1909
- Kansas Midland Railway Co. v. BrehmSupreme Court of Kansas · 1895
- Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
- Liberty Nat. Bank of Weatherford v. LewisSupreme Court of Oklahoma · 1935
- Owens v. State Ex Rel. MotherseadSupreme Court of Oklahoma · 1928
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