Hardy v. First National Bank
Supreme Court of Kansas
Error from Harvey District Court. The action in the court below was brought by The First National Bank of Newton, Kansas, against George W. Hardy, James McKinstry, A. B. Gilbert, Pliram Constant, F. E. Carr, W. T. Atkinson, and J. L..
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Error from Harvey District Court. The action in the court below was brought by The First National Bank of Newton, Kansas, against George W. Hardy, James McKinstry, A. B. Gilbert, Pliram Constant, F. E. Carr, W. T. Atkinson, and J. L.. Penny, to recover judgment upon two promissory notes signed by the defendants, and also by S. Lehman and T. J. Templer, each dated May 13, 1887, and due six months after date, Avith interest at 8 per cent, per annum from date ; one of them being for $2,000, payable to the order of M. L. Stewart, and indorsed by him Avitliout recourse, and the other being for…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.: I. We will first consider the case as to the $2,000 note. It was alleged in the answer that M. L. Stewart was at the time the purchase was made a partner of Gilbert and Lehman in the tract called *496the “Stewart 40”'; that they had full power to dispose of it as they chose ; that Stewart knew they were selling it to the defendants, and that they were pretending to become joint purchasers of said lands. It is contended on the part of the bank that Stewart was a bona fide owner and holder of the nqte, and that the bank by the indorsement…
2Cases cited6 opinions
- Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
- Mann v. Second National BankSupreme Court of Kansas · 1883
- Mann v. Second National BankSupreme Court of Kansas · 1886
- Constant v. LehmanSupreme Court of Kansas · 1893
- Rahm v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tinley v. AmmermanSupreme Court of Oklahoma · 1931
- First National Bank v. GreathouseSupreme Court of Kansas · 1923
- Ladd v. ReadSupreme Court of Kansas · 1923
- Orme & Okey v. BakerOhio Supreme Court · 1906