Bigger v. Bovard
Supreme Court of Kansas
Error from Wyandotte District Court. Action on promissory note, brought by Bigger. Bovard set up a failure of consideration. Trial at April Term 1876. Verdict, and judgment for defendant. Plaintiff brings the case here. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action brought by the plaintiff in error in the court below to recover upon a note for the sum of $1,142.72, given by the defendant to the plaintiff, September 23d 1874, and due in thirty-seven days from date. The defendant answered the petition of the plaintiff by a general denial, and a plea of failure of consideration for the note, in this, that the meat for which the note was given was not the kind which he agreed to purchase, and that he returned the same and rescinded the contract. He also pleáded a counterclaim, about…
2Cited by7 opinions
- Graham v. Bottenfield's, Inc.Supreme Court of Kansas · 1954
- Lukens v. FreiundSupreme Court of Kansas · 1882
- Ehrsam v. BrownSupreme Court of Kansas · 1907
- Kaull v. BlackerSupreme Court of Kansas · 1920
- Balthazor v. B & B Boiler & Supply Co.Supreme Court of Kansas · 1950
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