Page v. Harper
Supreme Court of Kansas
Error from Cherokee district court; William B. Glasse, judge. STATEMENT. In 1893 defendant in error W. L. Harper, who is also a cross-petitioner in error, became the agent of the ¿Etna Powder Company at Galena, Kan., probably to sell the goods of the company on commission. At any rate Harper gave a bond, with Page, Leeman and Prehm as his sureties, conditioned that he would pay the company all the moneys which might become due to it from him as agent.
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Error from Cherokee district court; William B. Glasse, judge. STATEMENT. In 1893 defendant in error W. L. Harper, who is also a cross-petitioner in error, became the agent of the ¿Etna Powder Company at Galena, Kan., probably to sell the goods of the company on commission. At any rate Harper gave a bond, with Page, Leeman and Prehm as his sureties, conditioned that he would pay the company all the moneys which might become due to it from him as agent. About two years thereafter Harper had become indebted to the company in the sum of $3791.40, and the company called upon his sureties to settle…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Eleven assignments of error are made by the plaintiff in error, Page, and thirteen by the cross-petitioner in error, Harper. There is, however, practically only one question presented for consideration, viz., Should Leeman and Prehm account to Harper and Page for the profits received from the Harden' property, including the rents and the amount received from the sale of the property, deducting expenses and amounts paid in perfecting title? The issue on this question was fairly presented by the petition and cross-petition, which alleged the…
2Cases cited3 opinions
- Case v. . CarrollNew York Court of Appeals · 1866
- Washington National Bank v. WoodrumSupreme Court of Kansas · 1898
- Winkfield v. BrinkmanSupreme Court of Arkansas · 1879
3Cited by2 opinions
- Alumbaugh v. HedgesSupreme Court of Kansas · 1928
- Leeman v. PageSupreme Court of Kansas · 1909