Brenner v. Luth
Supreme Court of Kansas
Error from Doniphan District Court. Action by Luth against Martha A. Brenner and Adam Brenner, to recover $1,200, with interest at 7 per cent, per annum from April 12,1876. Trial at the April Term, 1881, of the district court, and judgment for plaintiff. Defendants bring the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant in error obtained judgment in the district court of Doniphan county against plaintiffs in error for the sum of $1,798.68, to reverse which judgment this proceeding in error is brought. The pivotal question in the case is, as to how far parol testimony is competent to limit, qualify or explain a certain written bond. In order to fully understand this question, a brief history of the case is necessary. It appears that prior to August 5, 1878, Edmund Bilemick was the ostensible proprietor of the Doniphan vine*583yards. He was also the…
Also in this document: Concurrence.
2Cases cited5 opinions
- Anthony v. HermanSupreme Court of Kansas · 1875
- Kermott v. AyerMichigan Supreme Court · 1863
- Ball v. BenjaminIllinois Supreme Court · 1874
- Bank of California v. WhiteNevada Supreme Court · 1879
- Delaney v. AndersonSupreme Court of Georgia · 1875
3Cited by4 opinions
- State v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Fossan v. GibbsSupreme Court of Kansas · 1914
- Anderson v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1905
- Levering v. Indemnity Ins. Co. of North AmericaCourt of Appeals for the Ninth Circuit · 1931