Hume v. Watt
Supreme Court of Kansas
Error from Douglas County. This was an action, brought on a promissory note of which a copy follows : “$1000. Lawrence, Kansas, Feb. 1st, 1867. Seven months from date we promise to pay Watt Bro’s, or order, one thousand dollars without interest, value received. (Signed) Danvers & Holmes.” This note was endorsed on the hack as follows : “Pay to the order of John Hume, Watt Bro’s.”
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Error from Douglas County. This was an action, brought on a promissory note of which a copy follows : “$1000. Lawrence, Kansas, Feb. 1st, 1867. Seven months from date we promise to pay Watt Bro’s, or order, one thousand dollars without interest, value received. (Signed) Danvers & Holmes.” This note was endorsed on the hack as follows : “Pay to the order of John Hume, Watt Bro’s.” “Pay to the order of G. W. Hume, John Hume,” and the petition contains an allegation “that said G. W- Hume is now the legal owner and holder of said note,” and other aliegations relative to protest and notice,…
1Opinion of the Court
By the Court,
Kinsman, C. J.
The first question to be passed upon in this case is: whether the plaintiff in error is the real party in interest.
Parties : He is stated in the iietition to be “ the legal owner and holder of said note ” and this is in no way either directly or by implication denied by the answer and must be taken as true. It would be manifestly improper to hold the plaintiff bound by any evidence that might by some oversight be introduced in the case, when he had had no notice that it would be attempted and he wholly unprepared for it, under the pleadings as they stand and for all…
2Cases cited1 opinion
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
3Cited by6 opinions
- Carver v. Farmers & Bankers Broadcasting Corp.Supreme Court of Kansas · 1947
- Swayze v. BrittonSupreme Court of Kansas · 1877
- Miller v. MorrisonSupreme Court of Kansas · 1890
- Busey v. Harbour-Longmire Co.Supreme Court of Oklahoma · 1935
- C. C. Thompson & Walkup Co. v. ApplebyCourt of Appeals of Kansas · 1897
1 more not listed; retrieve them via the Exa API.