Talcott v. First National Bank
Supreme Court of Kansas
Error from Pawnee District Court. Apbil 14, 1890, the First National Bank of Larned, in this state, commenced an action before a justice of the peace in Pawnee county, against Harry Talcott, on a check, of which the following is a copy: “The First National Bank, Larned, Kas., 3-17, 1890. Pay to the order of Harry Talcott two hundred dollars. $200. — Harry Talcott.”
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Error from Pawnee District Court. Apbil 14, 1890, the First National Bank of Larned, in this state, commenced an action before a justice of the peace in Pawnee county, against Harry Talcott, on a check, of which the following is a copy: “The First National Bank, Larned, Kas., 3-17, 1890. Pay to the order of Harry Talcott two hundred dollars. $200. — Harry Talcott.” Talcott filed an answer, and for his fourth defense alleged: “And for a further defense, and as defendant’s bill of particulars and set-off, defendant says, that on the 2d day of January, 1885, this defendant opened a running…
1Opinion of the Court
The opinion of the court was delivered by
HortON, C. J.:
' took — effect as receipt. By §18 of the civil code, it is provided that, “after the cause of action shall have accrued,” “an action upon any agreement, contract or promise in writing ” must be brought “within five years,” and “an action upon a contract not in writing” “within three years.” It is claimed that as the alleged set-off, being evidenced by a bank or pass book, was upon an “agreement, contract or promise in writing,” the statute of three years was no bar. The trial court ruled otherwise. The pass book was balanced December 15,…
2Cases cited5 opinions
- Long v. StrausIndiana Supreme Court · 1886
- Davis v. Lenawee County Savings BankMichigan Supreme Court · 1884
- J. Jassoy & Co. v. HornIllinois Supreme Court · 1872
- Waffle v. ShortSupreme Court of Kansas · 1881
- Anderson v. LeverichSupreme Court of Iowa · 1886
3Cited by17 opinions
- Kansas City Title & Trust Co. v. Fourth National BankSupreme Court of Kansas · 1932
- Pagano v. United Jersey BankSupreme Court of New Jersey · 1996
- Burger v. First National BankSupreme Court of Kansas · 1927
- Independent Farmers' Gin Co. v. HanderCourt of Appeals of Texas · 1925
- England v. HughesSupreme Court of Arkansas · 1919
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