Legal Opinion

Acme Coal Co. v. Northrup National Bank

Wyoming Supreme Court

Decided March 8, 1915No. 785PublishedCited by 4 opinions

Ekror to District Court, Sheridan County, Carroll H. ParmEleE, Judge. Action by the Northrup National Bank of Iola, Kansas, against the Acme Coal Company and others upon a promissory note given for the purchase price of pit cars. The note had been endorsed to the bank before maturity. The note had been drawn on a blank form and the interest rate of seven per cent had been inserted with a typewriter.

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Ekror to District Court, Sheridan County, Carroll H. ParmEleE, Judge. Action by the Northrup National Bank of Iola, Kansas, against the Acme Coal Company and others upon a promissory note given for the purchase price of pit cars. The note had been endorsed to the bank before maturity. The note had been drawn on a blank form and the interest rate of seven per cent had been inserted with a typewriter. A circle had been drawn around the figure “7” with a pen and ink and above it was inserted a figure “8” with pen and ink. The maker contended that there was uncertainty as to the rate of interest…

1Opinion of the Court

Beard, Justice.

This is an action on a promissory note brought by the defendant in error against the plaintiffs in error. Trial was had to the court and judgment rendered in favor of plaintiff below, and defendants bring error.

The note was given by the Acme Coal Co., and indorsed by Ora Darnall and A. K. Craig, and payable to the order of the United States Iron Works Co., and by said company indorsed to the Bank. The note bears date November 9, 1912, is for $1,589.15, due ninety days after date with interest from date. A blank printed form was ttsed and the blanks filled in on a typewriter,…

2Cases cited1 opinion

  1. Ireland v. ShoreSupreme Court of Kansas · 1914

3Cited by4 opinions

  1. Westring v. Cheyenne National BankWyoming Supreme Court · 1964
  2. Zanola v. HallCourt of Appeals of Tennessee · 1957
  3. Hatch v. TurnerCourt of Appeals of Texas · 1945
  4. Zanola v. HallCourt of Appeals of Tennessee · 1957

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