First National Bank v. Peck
Supreme Court of Kansas
Error from Leavenworth District Oourt. A. H. Peck and M. II. Peck made and delivered their three several promissory notes to Almeron Jacobs, and A. LI. Peck and Sa/mh his wife executed a mortgage to said Jacobs on real property to secure said notes. The notes and mortgage bore date August 20th 1868. On the 2d of- October 1869 Jacobs transferred the notes and mortgage to the Fi/rst National JBa/ik of Stwrgis.
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Error from Leavenworth District Oourt. A. H. Peck and M. II. Peck made and delivered their three several promissory notes to Almeron Jacobs, and A. LI. Peck and Sa/mh his wife executed a mortgage to said Jacobs on real property to secure said notes. The notes and mortgage bore date August 20th 1868. On the 2d of- October 1869 Jacobs transferred the notes and mortgage to the Fi/rst National JBa/ik of Stwrgis. The action was commenced October 31st 1870. The defendants alleged fraud and deceit on the part of Jacobs and one Young in the making of the contract concerning which the notes were…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
i. Note ana SutoneScbutract' This was an action brought by the plaintiff upon three notes secured by mortgage. The consideration of these notes was the sale of a patent-right to a petroleum gas stove. The notes at time of suit were not in the hands of the original parties to the contract, but had been transferred by the mortgagee to the plaintiff. The defense was that the purchase of the patent-right had been brought about by the fraudulent representations of the vendor, that the jaretended patent was void for want of novelty and utility,…
2Cases cited7 opinions
- Withers v. GreeneSupreme Court of the United States · 1850
- Basse v. GalleggerWisconsin Supreme Court · 1859
- Pulsifer v. HotchkissSupreme Court of Connecticut · 1837
- Jolliffe v. CollinsSupreme Court of Missouri · 1855
- Round v. DonnelSupreme Court of Kansas · 1869
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3Cited by65 opinions
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- Freedman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Morbey v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Hall's Heirs v. DodgeSupreme Court of Kansas · 1877
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1872
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