Legal Opinion

Gaunt v. Harkness

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 10 opinions

Error from Linn District Court. ACTION by Gaunt against Harkness to recover on a promissory note. Judgment for defendant. The plaintiff brings the case here. The opinion states the facts. This court has gone only to the extent of saying that papers signed by the party, and already in evidence for other purposes, and signatures admitted to be genuine, may be used by the jury and by experts for the purpose of comparison to determine handwriting.

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Error from Linn District Court. ACTION by Gaunt against Harkness to recover on a promissory note. Judgment for defendant. The plaintiff brings the case here. The opinion states the facts. This court has gone only to the extent of saying that papers signed by the party, and already in evidence for other purposes, and signatures admitted to be genuine, may be used by the jury and by experts for the purpose of comparison to determine handwriting. (Macomber v. Scott, 10. Kas. 335; Joseph v. National Bank, 17 id. 256; Abbott v. Coleman, 22 id. 250; The State v. Zimmerman, 47 id. 242, 245.) In some…

1Opinion of the Court

*409The opinion of the court was. delivered by

AlleN, J.:

Thomas W. Gaunt brought this action, declaring on a promissory note for $1,500, which he alleged was executed by the defendant on the 23d day of January, 1889, due in one year, payable to J. S. Beckwith, or order, and by Beckwith duly indorsed to the plaintiff. The defendant answered, denying the execution of the note, and also denying that the plaintiff was a purchaser in good faith and for value. The case was tried with a jury, and the principal issue was as to the genuineness of the defendant’s signature to the note. Many witnesses were…

2Cases cited16 opinions

  1. Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
  2. Thomas v. StateIndiana Supreme Court · 1885
  3. Kirksey v. KirkseySupreme Court of Alabama · 1868
  4. Strother v. LucasSupreme Court of the United States · 1832
  5. Rowell v. Fuller's EstateSupreme Court of Vermont · 1887

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3Cited by10 opinions

  1. Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
  2. State v. MaxwellSupreme Court of Kansas · 1940
  3. Brown v. BrownSupreme Court of Kansas · 1901
  4. Cowboy State Bank & Trust Co. v. RoyCourt of Appeals of Texas · 1915
  5. Gilmore v. SwisherSupreme Court of Kansas · 1898

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