Russell v. Gregg
Supreme Court of Kansas
jError from Shawnee District Court. Action by Gregg and others against Russell and others on a promissory note. Verdict for plaintiffs at the September term, 1888. New trial denied, and judgment entered for plaintiffs. The defendants bring the case here.
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jError from Shawnee District Court. Action by Gregg and others against Russell and others on a promissory note. Verdict for plaintiffs at the September term, 1888. New trial denied, and judgment entered for plaintiffs. The defendants bring the case here. The court instructed the jury as follows: “If you find from the evidence that the consideration of the note sued on was the surrender of two other promissory notes held by the plaintiffs, and that the plaintiffs agreed to surrender these notes to the defendants in consideration that the defendants would make and deliver the note sued on, and…
1Opinion of the Court
Opinion by
Strang, C.:
Action on a promissory note. Defense, failure of consideration. E. M. Russell and David Noel purchased a patent-right of Gregg and others, and gave them two notes of $1,000 each in payment therefor. When these notes matured Russell and Noel refused to pay them, upon the ground that the patent-right for which they gave them was worthless. A compromise was effected by the parties, whereby it was agreed that if Russell, Noel having died, would deliver at the law office of Vance & Campbell a note signed by himself and other parties agreed upon for $440 by a day named, Gregg…
2Cited by1 opinion
- Bolte v. SparksSupreme Court of Kansas · 1911