Atyeo v. Kelsey
Supreme Court of Kansas
K'ror from Lyon District Court. Atyeo brought suit on a promissory note against T. J. Hankla and P. P. Peter as makers, and L. H. Robinson and C. E. Kelsey as indorsers.
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K'ror from Lyon District Court. Atyeo brought suit on a promissory note against T. J. Hankla and P. P. Peter as makers, and L. H. Robinson and C. E. Kelsey as indorsers. Kelsey alone answered, and his defense was, that, being himself the owner and holder of said note, and being about to commence proceedings thereon against said Hankla and Peter, the makers, to enforce payment thereof, the plaintiff Atyeo, as a friend of Hankla and Peter, and to avert a suit against them, applied to him (Kelsey) ,to transfer said note to plaintiff, and paid defendant the amount due on said note; that at…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only ground assigned for error in this case is that the court below erred in granting a new trial. The motion for a new trial was founded upon the following grounds, to-wit:
“ 1st, Error in the assessment of the amount of recovery; in that it is too large.
*216“ 2d, That the verdict is not sustained by sufficient evidence, and is contrary to law.
“ 3d, Error of law occurring at the trial and excepted to at the time by said defendant.”
Upon which of these grounds the new trial was granted, is not shown by the record. Hence, before we could…
2Cases cited3 opinions
- Field v. KinnearSupreme Court of Kansas · 1869
- Owen v. OwenSupreme Court of Kansas · 1872
- Anthony v. EddySupreme Court of Kansas · 1869
3Cited by21 opinions
- Kansas City, Wyandotte & Northwestern Railroad v. RyanSupreme Court of Kansas · 1892
- Ten Cate v. SharpSupreme Court of Oklahoma · 1899
- Butler v. MilnerSupreme Court of Kansas · 1917
- Bass v. SwingleySupreme Court of Kansas · 1889
- Rison v. HarrisSupreme Court of Oklahoma · 1915
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