Woolley v. Van Volkenburgh
Supreme Court of Kansas
Error from Saline District Court. Action by Van Volkenburgh, and four others, as partners, against the maker and guarantors of the following promissory note: $425.88. Salina, Kansas, Nov. 8, 1872. Six months after date, we promise to pay to the order of P. Van Volkenburgh & Co., four hundred and twenty-five 88-100 dollars, at the Bank of D. W. Powers & Co., Salina, Kansas, valué received.
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Error from Saline District Court. Action by Van Volkenburgh, and four others, as partners, against the maker and guarantors of the following promissory note: $425.88. Salina, Kansas, Nov. 8, 1872. Six months after date, we promise to pay to the order of P. Van Volkenburgh & Co., four hundred and twenty-five 88-100 dollars, at the Bank of D. W. Powers & Co., Salina, Kansas, valué received. H. F. Woolley. ■ On the back of said note was the following indorsement: “ We guarantee the payment of the within promissory note,” which indorsement was signed, “H. B. Merrill, M. S. Price, Z. W. Morrow, C.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
But a single question is in this case. The action was on a promissory note, brought by the payees against the maker and four guarantors. The payees claimed *21and recovered protest damages. Were they entitled thereto? We think not. Protest damages are recoverable only when protest is legally necessary to fix the liability of some party to the note or bill. German v. Ritchie, 9 Kas. 106. But notice of nonpayment is not necessary in order to charge a guarantor. It is said by Edwards in his work on Notes and Bills, page 242, after quoting from…
2Cases cited1 opinion
- German v. RitchieSupreme Court of Kansas · 1872
3Cited by8 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Westchester Fire Insurance v. CoverdaleSupreme Court of Kansas · 1892
- Lamm & Co. v. ColcordSupreme Court of Oklahoma · 1908
- Dexter v. CochranSupreme Court of Kansas · 1877
- Walker v. McNealSupreme Court of Oklahoma · 1928
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