Legal Opinion

Nelson v. Herkel

Supreme Court of Kansas

Decided July 15, 1883PublishedCited by 6 opinions

Error from Nemaha District Court. Action upon a promissory note,'brought by George Herkel, as administrator of the estate of Catharine Herkel, deceased, against Robert E. Nelson, as administrator of the estate of Sarah J. Northrup, deceased. Trial by the court at the October Term, 1882, and judgment for plaintiff for $1,365.76, with 12 per cent, interest thereon from January 10, 1882. This judgment defendant brings here for review. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Horton,. C. J.:

This was an action upon a promissory note, dated October 13,1873, for $700, due six months from ' date, with 12 per cent, interest from date, executed by J. C. Hebbard to John W. Owens or order. Sarah J. Northrup wrote her name on the back thereof before delivery, as a surety. Owens transferred, by delivery, the note to his sister, Catharine Herkel, who died. March 28,1882. The note became due April 16, 1874. Sarah J. Northrup died October 19, 1876. No administration was had upon her estate until July 9, 1881, when Robert E. Nelson,…

2Cases cited2 opinions

  1. Toby v. AllenSupreme Court of Kansas · 1866
  2. Whitney v. StateMississippi Supreme Court · 1876

3Cited by6 opinions

  1. Glazier Ex Rel. Estate of Glazier v. HeneybussSupreme Court of Oklahoma · 1907
  2. Shawnee Nat. Bank v. MarlerSupreme Court of Oklahoma · 1924
  3. Alice E. Mining Co. v. BlandenU.S. Circuit Court for the District of Northern Iowa · 1905
  4. Glathart v. MaddenSupreme Court of Kansas · 1927
  5. DEGENHARDT, ADMINISTRATOR v. DegenhardtSupreme Court of Kansas · 1958

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