Legal Opinion

Water Power Co. v. Brown

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 5 opinions

Error from, Reno District Court. Action brought by J. B. Brown and L. A. Bigger, partners as Brown & Bigger, and E. Wilcox, against The Water • Power Company, a corporation organized and doing business under the laws of the state of Kansas, upon a certain promissory note, of which the following is a copy: “$3,000. Hutchinson, Kansas, Sept. 21, ’77. “ Ninety days after date we promise to pay to the order of S. W. Campbell, cashier, three thousand dollars, for value received,…

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Error from, Reno District Court. Action brought by J. B. Brown and L. A. Bigger, partners as Brown & Bigger, and E. Wilcox, against The Water • Power Company, a corporation organized and doing business under the laws of the state of Kansas, upon a certain promissory note, of which the following is a copy: “$3,000. Hutchinson, Kansas, Sept. 21, ’77. “ Ninety days after date we promise to pay to the order of S. W. Campbell, cashier, three thousand dollars, for value received, negotiable and payable without defalcation or discount, to the Reno County State Bank of Hutchinson, Kansas, with…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is an action brought by two of four parties, liable upon negotiable paper against one of the others, in which the plaintiffs claim that they were simply sureties, and the defendant the principal debtor, and that they had been compelled to pay and take up the paper, and that they seek to recover from the principal debtor the amount which they had paid for its benefit. Verdict and judgment were in their favor, and defendant alleges error.

The first question is, as to the sufficiency of the petition. It alleges the execution of the note by…

2Cases cited2 opinions

  1. Durham v. Carbon Coal & Mining Co.Supreme Court of Kansas · 1879
  2. Rose v. MaddenSupreme Court of Kansas · 1863

3Cited by5 opinions

  1. Gregory v. WilliamsSupreme Court of Kansas · 1920
  2. Hook v. RichesonIllinois Supreme Court · 1886
  3. National Bank v. DickinsonSupreme Court of Kansas · 1918
  4. Montgomery v. PageOregon Supreme Court · 1896
  5. Yuncker v. EnglishSupreme Court of Kansas · 1926

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