Elder v. National Bank
Supreme Court of Kansas
Error from Douglas District Court. On the 16th of December 1872 the National Bank of Lawrence as plaintiff recovered two judgments in the Douglas district court against P. P. Elder and John Walruff, defendants, on certain promissory notes given by Elder and Walruff to the First National Bank of Ottawa, and by said Ottawa Bank transferred to the Lawrence Bank.
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Error from Douglas District Court. On the 16th of December 1872 the National Bank of Lawrence as plaintiff recovered two judgments in the Douglas district court against P. P. Elder and John Walruff, defendants, on certain promissory notes given by Elder and Walruff to the First National Bank of Ottawa, and by said Ottawa Bank transferred to the Lawrence Bank. On the 27th of February 1873 Elder and Walruff, as plaintiffs, commenced this action in said district court, (under §§ 568, 570. of the civil code,) to vacate and set aside said judgments, and for a new trial in each of said actions.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This action grows out of the same transaction between the plaintiffs and the Ottawa Bank which gave rise to the suit between these same parties in which an opinion has just been filed, (supra, 238.) As stated in that opinion, the notes for $4,954.08 were transferred by the Ottawa Bank’ to the Lawrence Bank, and by it placed in judgment. The petition alleges substantially the same facts as stated in that opinion, that the Ottawa Bank transferred the notes fraudulently, without any consideration, and for the purpose of preventing plaintiffs…
Also in this document: Concurrence.
2Cited by10 opinions
- Deering v. QuiveyOregon Supreme Court · 1895
- Stites v. McGeeOregon Supreme Court · 1900
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Holderman v. JonesSupreme Court of Kansas · 1894
- Watson v. VoorheesSupreme Court of Kansas · 1875
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