Lusk v. Smith
Supreme Court of Kansas
Error from Crawford district court; Walter L. Simons, judge. STATEMENT. This was a proceeding begun originally in the probate court to establish a claim in favor of plaintiff in error against the estate of her son, Harry H. Lusk. The written demand, omitting the verification, was as follows: “State op Kansas, Labette County, ss.
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Error from Crawford district court; Walter L. Simons, judge. STATEMENT. This was a proceeding begun originally in the probate court to establish a claim in favor of plaintiff in error against the estate of her son, Harry H. Lusk. The written demand, omitting the verification, was as follows: “State op Kansas, Labette County, ss. “To Asa Smith and C. W. Ryan, executors of the estate of Harry H. Lusk, deceased: You are hereby notified that I have a claim or demand against the estate of the said deceased, consisting of a claim of $5000, with interest thereon at the rate of ten per cent, per…
1Opinion of the Court
*553The opinion of the court was delivered by
William R. Smith, J.:
To determine the principal controversy, whether the transaction between Harry H. Lusk and his mother constituted a loan by the latter to her son, it will be necessary to review the evidence on both sides of the question. It came before the trial court in written form. We are at liberty, therefore, to exercise an independent judgment respecting the facts proved. A draft for $5000, the proceeds of insurance on the life of her husband, was received at Parsons by plaintiff in error. It came in a letter addressed to her son, the late…
2Cases cited7 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
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- Matthews v. . CoeNew York Court of Appeals · 1877
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- Hayner v. TrottSupreme Court of Kansas · 1891
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3Cited by8 opinions
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