Gregg v. J. M. George & Co.
Supreme Court of Kansas
Error from, Miami District Court. . Action brought by George & Co. against Gregg, on a bank check which reads as follows: Paola, Kansas, Nov. 1st, 1869. Paola Bank, A. Thomas & Co., Bankers: Pay J. M. George & Co. one hundred and twenty dollars, ($120.00.) N. P. Gregg & Co. On said check was the following indorsement: “This is-correct, and should be deducted from my account to date of suspension. — N. P. Gregg & Co.” The answer admits the execution of check and indorsement;…
Read the full summary
Error from, Miami District Court. . Action brought by George & Co. against Gregg, on a bank check which reads as follows: Paola, Kansas, Nov. 1st, 1869. Paola Bank, A. Thomas & Co., Bankers: Pay J. M. George & Co. one hundred and twenty dollars, ($120.00.) N. P. Gregg & Co. On said check was the following indorsement: “This is-correct, and should be deducted from my account to date of suspension. — N. P. Gregg & Co.” The answer admits the execution of check and indorsement; denies that the check was presented to the bank for payment; denies that payment thereof was refused by the bank; avers…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a check. It was a check drawn by Gregg on November 1st, on A. Thomas & Co., bankers of Paola, and on the same day given to George & Co. On the 2d it was presented to the bank. It is not disputed by counsel that this was in due time. But it is claimed that no demand was made for money on the check, that the party simply sought to use it in buying exchange. We quote the plaintiff’s testimony on cross-examination on this point, and there is no contradictory testimony:
“November 1st 1869', Gregg gave me that check at our…
2Cited by9 opinions
- Noble v. DoughtenSupreme Court of Kansas · 1905
- Anderson v. RodgersSupreme Court of Kansas · 1894
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
- Toll v. Monitor Binding & Printing Co.Court of Appeals for the Eighth Circuit · 1928
- Kershaw v. LaddOregon Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.