Legal Opinion

Hanson v. Towle

Supreme Court of Kansas

Decided July 15, 1877PublishedCited by 39 opinions

Error from Franldin District Court. Action by Hanson, against Towle as administrator, upon two promissory notes, commenced originally in the probate court. That court having disallowed the claim, Hanson appealed the case to the district court, where a trial was had at the November Term 1876. Judgment in favor of defendant Towle, and Hanson brings the case here. The facts are sufficiently stated in the opinion. 1. The claim of Hanson was not barred by statute.

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Error from Franldin District Court. Action by Hanson, against Towle as administrator, upon two promissory notes, commenced originally in the probate court. That court having disallowed the claim, Hanson appealed the case to the district court, where a trial was had at the November Term 1876. Judgment in favor of defendant Towle, and Hanson brings the case here. The facts are sufficiently stated in the opinion. 1. The claim of Hanson was not barred by statute. It was legally exhibited to Towle, the administrator, in substantial compliance with § 84, p. 449 of Gen. Stat., in November 1871,…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action begun on the 5th of April 1875, in the probate court, under sections 91 to 94 of the executors-and-administrators act, (Gen. Stat. 450,) to “establish a demand,” based on two notes of this tenpr:

$367. Charleston, N. H., Deo. 20th, 1866.

For value received, we promise to pay to John J. Hanson, or his order, Three Hundred and Sixty-seven Dollars, on demand, with interest. Hanson & Towle.

$500. Williamsburg, Kansas, May 20th, 1869.

For value received, I promise to pay to John J. Hanson, or order, Five Hundred Dollars, on demand,…

2Cases cited5 opinions

  1. Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
  2. Wilcox v. WilliamsNevada Supreme Court · 1869
  3. Boyd v. HurlbutSupreme Court of Missouri · 1867
  4. Green v. GobleSupreme Court of Kansas · 1871
  5. Huntington v. Heirs of BobbittMississippi Supreme Court · 1872

3Cited by39 opinions

  1. Elder v. DyerSupreme Court of Kansas · 1881
  2. Glazier Ex Rel. Estate of Glazier v. HeneybussSupreme Court of Oklahoma · 1907
  3. Van Diest v. TowleSupreme Court of Colorado · 1947
  4. Hawkins v. BrownSupreme Court of Kansas · 1908
  5. Milbourne v. KelleySupreme Court of Kansas · 1915

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