Kennedy v. Gibson
Supreme Court of Kansas
Error from Ellis district court; Lee Monroe, judge. STATEMENT. This was- an action brought by Charles E. Gibson to recover on a promissory note for $600, executed by David Kennedy and wife in favor of L. N. Bessette, and to foreclose a mortgage given to secure its payment. The note and mortgage Were transferred to one Jenness and by him to Gibson.
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Error from Ellis district court; Lee Monroe, judge. STATEMENT. This was- an action brought by Charles E. Gibson to recover on a promissory note for $600, executed by David Kennedy and wife in favor of L. N. Bessette, and to foreclose a mortgage given to secure its payment. The note and mortgage Were transferred to one Jenness and by him to Gibson. The note contained a stipulation that if default was made in the •payment of interest, or there was non-compliance with the requirements of the mortgage, the principal :and interest should all become due and payable at once, at the option of the…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, C. J. :
The first contention is that, under" the averments of the petition, the action was barred by the statute of limitations, and that therefore -the demurrer should have been sustained. The note was dated September 1, 1892, and was payable September 1, 1897. According to the date fixed for maturity, the statute would not bar the note until September,. 1902, and this action was brought in May, 1900. The contention, however, is that maturity was accelerated by the stipulations as to the effect of default in Prepayment of interest. The…
2Cases cited5 opinions
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Brook v. TeagueSupreme Court of Kansas · 1893
- Hutchinson v. BenedictSupreme Court of Kansas · 1892
- Wilcox v. EadieSupreme Court of Kansas · 1902
- York-Ritchie Exchange & Investment Co. v. MitchellCourt of Appeals of Kansas · 1897
3Cited by16 opinions
- Clark v. PaddockIdaho Supreme Court · 1913
- Jensen v. LichtensteinUtah Supreme Court · 1915
- Rodriguez v. La Cueva Ranch Co.New Mexico Supreme Court · 1912
- Snyder v. MillerSupreme Court of Kansas · 1905
- Fisher v. SpillmanSupreme Court of Kansas · 1911
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