Clark v. Marbourg
Supreme Court of Kansas
Error from McPherson District Court. ACTION by W. W Marbourg against R. M. Clark and John F. Appleby, as partners, doing business under the firm-name and style of E. M. Clark & Co., brought February 15, 1883, in the district court of McPherson county, to recover $1,467.58, together with interest thereon from September 22,1882. The petition, among other things, alleged that on September 22, 1882, E. M. Clark & Co. were indebted to the Western Hardware Co. in the sum of…
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Error from McPherson District Court. ACTION by W. W Marbourg against R. M. Clark and John F. Appleby, as partners, doing business under the firm-name and style of E. M. Clark & Co., brought February 15, 1883, in the district court of McPherson county, to recover $1,467.58, together with interest thereon from September 22,1882. The petition, among other things, alleged that on September 22, 1882, E. M. Clark & Co. were indebted to the Western Hardware Co. in the sum of $1,467.58 for merchandise before that time sold to them by said hardware company, and that the plaintiff Marbourg was assignee…
1Opinion of the Court
*473The opinion of the court was delivered by
HoetON, C. J.:
It is alleged on the part of plaintiff in error, defendant below, that the only issuable fact in this case under the pleadings regarding the indebtedness sued for up to September 1, 1882, was, had there been an accounting between the parties, an agreement as to the amount due, the payment of such amount, and the execution thereupon of a receipt in full? Upon this theory, it is urged that the defendant in error, plaintiff below, was not entitled to recover upon the account, and that the admission of any evidence tending to show errors or…
2Cases cited5 opinions
- Murdock v. . GiffordNew York Court of Appeals · 1858
- American Bridge Co. v. MurphySupreme Court of Kansas · 1874
- Crawford v. CluteSupreme Court of Alabama · 1844
- Champion v. . JoslynNew York Court of Appeals · 1871
- Reinhardt v. HinesMississippi Supreme Court · 1875
3Cited by13 opinions
- St. Louis, Ft. Scott & Wichita Railroad v. DavisSupreme Court of Kansas · 1886
- Swaller v. Williamson Milling Co.Supreme Court of Kansas · 1924
- Griffith v. MarshSupreme Court of Kansas · 1911
- Dettmer v. FullsSupreme Court of Kansas · 1926
- Potts v. LuxSupreme Court of Kansas · 1950
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