Spesard v. Spesard
Supreme Court of Kansas
Error from Geary district court; OSCAR L. Moore, judge. STATEMENT. On February 14, 1905, this suit was commenced in the district court of Geary county to obtain judgment upon a note and to foreclose a mortgage given to secure the same.
Read the full summary
Error from Geary district court; OSCAR L. Moore, judge. STATEMENT. On February 14, 1905, this suit was commenced in the district court of Geary county to obtain judgment upon a note and to foreclose a mortgage given to secure the same. The note reads: “$2100. Junction City,. Kan., August 29,-1890. “We promise to pay to J. J. Spesard the sum of two thousand one hundred dollars, in payments as follow: Two hundred dollars on the first day of March, 1891, and two hundred dollars on the first day of March of each successive year thereafter until the whole sum shall be paid. The whole sum hereof is…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The only question presented in this case relates to the statute of limitations. The plaintiff claims that the note sued on represents the gross sum of $2100, due eleven years after March 1, 1891; that the provision therein for payment in annual instal-ments was designed merely as a convenience for the payors, without being obligatory upon them. It is conceded that under the provisions of the mortgage the whole debt became due on December 21,1897, when default in the payment of that year’s taxes occurred, but it is insisted that the…
2Cases cited10 opinions
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Chick v. WillettsSupreme Court of Kansas · 1864
- Muzzy v. KnightSupreme Court of Kansas · 1871
- Snyder v. MillerSupreme Court of Kansas · 1905
- Stanclift v. NortonSupreme Court of Kansas · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Linn County Bank v. GrishamSupreme Court of Kansas · 1919
- Smith v. SmithSupreme Court of Kansas · 1960
- Perkins v. SwainIdaho Supreme Court · 1922
- Gilford v. GreenCourt of Appeals of Georgia · 1924
- Green v. FrickSouth Dakota Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.