Taylor v. Thomas
Supreme Court of Kansas
Error from, Sedgwiolc District Court. Thomas and two others as plaintiffs brought their suit on a promissory note for $350, dated April 9th, 1873, signed by Taylor and two others, payable to the order of said Taylor, “ten days after date, at the First National Bank in Wichita.” The note was indorsed by Taylor, and by him delivered to Sol. H. Kohn to be delivered to Thomas & Co. when Taylor should receive 200,000 hedge plants from one Morris.
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Error from, Sedgwiolc District Court. Thomas and two others as plaintiffs brought their suit on a promissory note for $350, dated April 9th, 1873, signed by Taylor and two others, payable to the order of said Taylor, “ten days after date, at the First National Bank in Wichita.” The note was indorsed by Taylor, and by him delivered to Sol. H. Kohn to be delivered to Thomas & Co. when Taylor should receive 200,000 hedge plants from one Morris. Other facts are stated in the opinion, infra. Trial at the September Term 1873. 'Verdict and judgment for plaintiffs, and defendants bring the case here…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a promissory note. The note was originally placed in escrow to be delivered upon certain conditions. It had never been delivered by the depositary. Hence it is claimed by plaintiff in error that no action could be maintained upon it. This is an error. When the conditions of the escrow are performed the title vests in the payee. The title .does not hinge on the action of the depositary, but upon the performance of the conditions. “ Though *219it was not formally delivered over by the depositary to the plaintiff, yet it took…
2Cases cited1 opinion
- Couch v. MeekerSupreme Court of Connecticut · 1817
3Cited by9 opinions
- Davis v. ClarkSupreme Court of Kansas · 1897
- Akins v. HolmesSupreme Court of Kansas · 1913
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- Missouri Pacific Railway Co. v. AtkisonMissouri Court of Appeals · 1885
- Weld v. CareySupreme Court of Kansas · 1927
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