Warren v. Gruwell
Court of Appeals of Kansas
Error from Phillips District Court. Hon. A. C. T. Geiger, Judge. In November, 1885, Timothy Gruwell and Priscilla Gruwell, his wife, through the agency of the Nebraska and Kansas Farm Loan Company, negotiated a loan for five hundred dollars. In accordance with a previous arrangement, the notes and mortgage were made payable to James PI. Tallman, a member of the firm of Moore & Co., of Hartford, Conn.
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Error from Phillips District Court. Hon. A. C. T. Geiger, Judge. In November, 1885, Timothy Gruwell and Priscilla Gruwell, his wife, through the agency of the Nebraska and Kansas Farm Loan Company, negotiated a loan for five hundred dollars. In accordance with a previous arrangement, the notes and mortgage were made payable to James PI. Tallman, a member of the firm of Moore & Co., of Hartford, Conn. Soon after the consummation of this loan, Tallman sold and assigned the notes and mortgage to Anthony D. Warren, the plaintiff herein, who was a resident of Connecticut. The loan company…
1Opinion of the Court
1. Negotiability of note destroyed, how.
Wells, J.
This case was tried in the court below by both parties upon the theory that the note in question was negotiable paper, and therefore governed by the laws relating to negotiable instruments; and the jury was so instructed. This was error. In the body of the note appears this clause :
“ And if default be made in the payment of any interest note, or any portion thereof, after the same becomes due and payable, then said principal note shall, at the option of the legal holder thereof, become at once due and payable without further notice, aud be…
2Cases cited5 opinions
- South Bend Iron Works v. PaddockSupreme Court of Kansas · 1887
- Killam v. SchoepsSupreme Court of Kansas · 1881
- Lockrow v. ClineCourt of Appeals of Kansas · 1896
- Hadden v. RodkeySupreme Court of Kansas · 1877
- Hale v. HitchcockCourt of Appeals of Kansas · 1896
3Cited by4 opinions
- Dickerson v. HigginsSupreme Court of Oklahoma · 1905
- Seibold v. RubleSupreme Court of Oklahoma · 1913
- Pittsburg Mortgage Inv. Co. v. RobinsSupreme Court of Oklahoma · 1916
- Pittsburg Mortgage Inv. Co. v. RobinsSupreme Court of Oklahoma · 1916