Wilkes v. Wolback
Supreme Court of Kansas
Error from Decatur District Court. Action by Wilkes against Wolback and another, on a promissory note for $100, with interest. Judgment for the defendants at the September Term, 1882, of the district court. The plaintiff brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Action on a promissory note. Defense, want of consideration, and that it was a mere accommodation note executed by defendants to plaintiff. Trial by a jury. Verdict and judgment for defendants. Plaintiff alleges error.
It. is claimed that the court erred in charging the jury that the burden was on the plaintiff to prove the amount due on the note, and this for the reason that the execution of the note was admitted. Prima facie, therefore, it was valid, and was a promise on the part of defendants to pay the amount therein to the plaintiff.…
2Cases cited2 opinions
- Smith v. WilliamsSupreme Court of Kansas · 1873
- Branner v. StormontSupreme Court of Kansas · 1872
3Cited by4 opinions
- Martin & Woolwine v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Oklahoma · 1898
- People's Ice & Fuel Co. v. SeratSupreme Court of Oklahoma · 1915
- Shores v. United Surety Co.Supreme Court of Kansas · 1911
- Salyer v. Central National BankSupreme Court of Oklahoma · 1957