Legal Opinion

Cheney v. Hovey

Supreme Court of Kansas

Decided April 11, 1896No. 8267PublishedCited by 9 opinions

Error from Atchison District Court. Prior to May 4, 1882, Ida E. Howe, the wife of George W. Howe, was engaged in the boot and shoe business at Atchison, Kan., as I. E. Howe & Co., the husband being the manager thereof.

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Error from Atchison District Court. Prior to May 4, 1882, Ida E. Howe, the wife of George W. Howe, was engaged in the boot and shoe business at Atchison, Kan., as I. E. Howe & Co., the husband being the manager thereof. On May 1,1882, Mrs. Howe and her husband executed a promissory note for $10,000, payable to the order of Abbie R. Parsons, the mother of Mrs. Howe, residing at Worcester, Mass.; and they secured this note by mortgage on a farm of 150 acres near Atchison, which Mrs. Howe had recently purchased, and which she and her husband occupied as a home. The note was sent at once by mail…

1Opinion of the Court

The opinion of the court was delivered by

Martin, C. J.: I. The real controversy in the court below between Hovey, as plaintiff, and Cheney, Cross, and the First National Bank of Jerseyville, as defendants, was as to the bona Jules of the $10,000 note and mortgage to Abbie R. Parsons, and the indorsement, assignment, and transfer of the same to Hovey. We deem it unnecessary to review the evidence, although we have read and considered it all, as earnestly requested by counsel for plaintiffs in error. There is much conflicting testimony, taken orally and by deposition ; and if this court were…

2Cases cited3 opinions

  1. Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
  2. Durham v. Carbon Coal & Mining Co.Supreme Court of Kansas · 1879
  3. Ketner v. RezirSupreme Court of Kansas · 1886

3Cited by9 opinions

  1. Record v. EllisSupreme Court of Kansas · 1916
  2. First National Bank v. McIntosh & Peters Live-stock & Commission Co.Supreme Court of Kansas · 1906
  3. Federal Agency Investment Co. v. BakerSupreme Court of Kansas · 1927
  4. Sun Insurance Office v. Western Woolen-mill Co.Supreme Court of Kansas · 1905
  5. Cornell University v. ParkinsonSupreme Court of Kansas · 1898

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