Baird v. Truitt
Supreme Court of Kansas
Error from Iryon District Court. Baird brought suit against Truitt and wife, on a note for $500 given by Truitt alone, and a mortgage given by both defendants to secure the debt evidenced by the note. Truitt answered, admitting the making of the note and mortgage, but set up a counterclaim exceeding the amount of said note and interest, and claiming a balance as due him from Baird.
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Error from Iryon District Court. Baird brought suit against Truitt and wife, on a note for $500 given by Truitt alone, and a mortgage given by both defendants to secure the debt evidenced by the note. Truitt answered, admitting the making of the note and mortgage, but set up a counterclaim exceeding the amount of said note and interest, and claiming a balance as due him from Baird. Truitt’s counterclaim was in part for alleged false and fraudulent representations made by Baird in a certain partnership transaction, concerning which the facts and the instructions and proceedings complained of,…
1Opinion of the Court
*121The opinion of the court was delivered by
Valentine, J.:
This is the second time this case has been brought to this court. (Truitt v. Baird, 12 Kas. 420.) This time the case is brought here by the plaintiff below, J. C. Baird; and the principal ground upon which he asks to have the judgment of the court below reversed is the giving of a certain instruction, which reads as follows:
“If you believe from the evidence, that at the time the partnership mentioned in defendant’s answer was entered into, that the plaintiff agreed to furnish certain apple trees and grafts as his portion of the capital…
2Cases cited4 opinions
- Missouri Valley R. R. v. CaldwellSupreme Court of Kansas · 1871
- First National Bank v. TappanSupreme Court of Kansas · 1870
- Truitt v. BairdSupreme Court of Kansas · 1874
- Prater v. SneadSupreme Court of Kansas · 1874
3Cited by1 opinion
- Winter v. ShutterSupreme Court of Kansas · 1889