Killam v. Schoeps
Supreme Court of Kansas
Error from Harvey District Court. Action brought by Killam against Sehoeps, upon a certain written contract held by plaintiff as indorsee.
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Error from Harvey District Court. Action brought by Killam against Sehoeps, upon a certain written contract held by plaintiff as indorsee. For a second defense, the defendant said : “That he executed the writing in plaintiff's petition described, and that he executed two other instruments at the same time, and in the same form, and for like amount, but which have already fallen due, and that the first one due has been paid and the second one has passed into judgment; that said contracts were given in terms for the use of said mower and reaper therein described from the 24th day of November,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The single question in this case is, whether the following instrument is a negotiable promissory note:
“$55. Burrton, Kansas, June 24, 1878.
“On or before the first day of November, 1880, I promise to pay to the order of Aultman, Miller & Co., fifty-five dollars, with interest at ten per cent, from date, payable at express office, Burrton, Kansas; and if not paid at maturity, with annual interest at twelve per cent, on the amount then due until paid. The drawers and indorsers severally waive presentment for payment, protest and notice of…
2Cases cited3 opinions
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- South Bend Iron Works v. PaddockSupreme Court of Kansas · 1887
- Holliday State Bank v. HoffmanSupreme Court of Kansas · 1911
- Bright v. OffieldWashington Supreme Court · 1914
- City National Bank v. Gunter Bros.Supreme Court of Kansas · 1903
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