Brook v. Teague
Supreme Court of Kansas
Error from Bourbon District Cowrt. Action on a promissory note by Brook against Teague and another. Trial at the December term, 1889, before Hon. W. J. Bawden, judge pro tern., and a jury. Defendants had judgment, from which, and an order denying a new trial, plaintiff brings error. The material facts are set forth in the opinion.
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Error from Bourbon District Cowrt. Action on a promissory note by Brook against Teague and another. Trial at the December term, 1889, before Hon. W. J. Bawden, judge pro tern., and a jury. Defendants had judgment, from which, and an order denying a new trial, plaintiff brings error. The material facts are set forth in the opinion. When a person buys a negotiable note before due, and it is indorsed in blank to him, he is presumed to be an innocent purchaser, and is entitled to recover, unless he had knowledge that it was obtained by fraud, or that it was without consideration. Mere suspicion,…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
This was an action brought by H. M. Brook against M. Teague and Sabina Teague, upon a promissory note for $225, dated May 17, 1888, due one year from date, executed by the defendants to Dr. H. A. Eberle, and which was alleged as indorsed for value to the plaintiff before maturity by Eberle. The defense was fraud in obtaining the note by the payee, and failure of consideration. The evidence tended to show that, before Brook obtained the note, Eberle’s agent visited defendants’ house, about May 1, 1888, and left some advertising circulars…
2Cases cited4 opinions
- Dobbins v. ObermanNebraska Supreme Court · 1885
- Mann v. Second National BankSupreme Court of Kansas · 1886
- Myers v. BealerNebraska Supreme Court · 1890
- Kennedy v. TaylorSupreme Court of Kansas · 1878
3Cited by7 opinions
- Kennedy v. GibsonSupreme Court of Kansas · 1904
- Shook v. Puritan Manufacturing Co.Supreme Court of Kansas · 1907
- Deming Investment Co. v. WallaceSupreme Court of Kansas · 1906
- Winfield National Bank v. McWilliamsSupreme Court of Oklahoma · 1900
- Outcault Advertising Co. v. SmalleySupreme Court of Kansas · 1917
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