New Blue Springs Milling Co. v. DeWitt
Supreme Court of Kansas
Error from Wyandotte district court; E. L. Fischer, judge. STATEMENT. The New Blue Springs Milling Company, a corporation of the state of Missouri, commenced an action in the district court of Wyandotte county against Jezreel DeWitt and John T. Fields to recover judgment on a promissory note. Both defendants were residents of Osage county. Fields was present in Wyandotte county the day the petition was filed and personal service of summons was at once made on him there.
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Error from Wyandotte district court; E. L. Fischer, judge. STATEMENT. The New Blue Springs Milling Company, a corporation of the state of Missouri, commenced an action in the district court of Wyandotte county against Jezreel DeWitt and John T. Fields to recover judgment on a promissory note. Both defendants were residents of Osage county. Fields was present in Wyandotte county the day the petition was filed and personal service of summons was at once made on him there. He filed no pleadings and made no appearance in the cause, and, so far as the record discloses, no judgment was asked on his…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J. :
Plaintiff in error insists that, because it took the DeWitt note under a commercial indorsement in due form, Fields is bound to all the liabilities of an indorser of negotiable paper ; that he became subject to suit at once upon default of the maker, and that, being subject to such suit, he was a real party ■adverse in interest to the plaintiff. This contention, however, omits all consideration of the principal contract in writing executed contemporaneously with that written on the back of the note. It is elementary law that parties may, if…
2Cases cited3 opinions
- Davis v. BrownSupreme Court of the United States · 1877
- Lawler v. MurphySupreme Court of Connecticut · 1889
- Doolittle v. FerrySupreme Court of Kansas · 1878
3Cited by6 opinions
- Bolling v. CampbellSupreme Court of Oklahoma · 1912
- Schillinger v. LearySupreme Court of Alabama · 1917
- Citizens Bank v. North End State BankSupreme Court of Kansas · 1924
- Cunningham v. SmithSupreme Court of Kansas · 1936
- Bowers v. CarlsonSupreme Court of Kansas · 1934
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