Round v. Donnel
Supreme Court of Kansas
Error from Doniphan County. The facts of the case sufficiently appeal* in the subjoined opinion. 1. The only promise made by defendant below was in the note and mortgage, to pay one day after date. The obligation of the payees, extending the time to five years, does not bind the maker of the note. It is not his “ contract in writing,” but the voluntary act of the other party, without consideration, executed after the giving of the note. On statute of frauds, see Comp.
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Error from Doniphan County. The facts of the case sufficiently appeal* in the subjoined opinion. 1. The only promise made by defendant below was in the note and mortgage, to pay one day after date. The obligation of the payees, extending the time to five years, does not bind the maker of the note. It is not his “ contract in writing,” but the voluntary act of the other party, without consideration, executed after the giving of the note. On statute of frauds, see Comp. L., 569, § 5; Pars. Contr., 284-5 [4th Ed.;] 1 Greenl. Ev., 268. 2. The obligation was not a part of the, contract evidenced…
1Opinion of the Court
By the Court,
Kingman, C. J.
The only question in this.case is whether the claim of the plaintiff below was barred by the statute of limitations. On the 22d day of May, 1862, Ezra Round being indebted to Donnel & Saxton in the sum of $433.51, proposed to them to give his note for that amount, and secure the same by mortgage on a piece of land in Doniphan county, provided he could obtain a long credit on the .debt. This was acceded to on the part of Donnel & Saxton, and the note was immediately drawn up, payable one day after date,, bearing interest at ten per cent., to be compounded annually.…
2Cited by8 opinions
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Brooke v. StruthersMichigan Supreme Court · 1896
- Muzzy v. KnightSupreme Court of Kansas · 1871
- Spesard v. SpesardSupreme Court of Kansas · 1907
- Robbins v. MaddySupreme Court of Kansas · 1915
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