O'Keeffe v. First National Bank
Supreme Court of Kansas
Error from Marshall District Court. The opiuiou states the case. The record presents the sole question of practice, whether or not it was necessary for the plaintiff bank, under the condition of the pleadings and the cause of action stated in its petition, in making a prima facie case, to offer evidence tending to show that it was the owner and holder of the cause of action set forth as it alleged in its petition.
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Error from Marshall District Court. The opiuiou states the case. The record presents the sole question of practice, whether or not it was necessary for the plaintiff bank, under the condition of the pleadings and the cause of action stated in its petition, in making a prima facie case, to offer evidence tending to show that it was the owner and holder of the cause of action set forth as it alleged in its petition. The note was payable to order of the payee therein named, and no indorsement had been made, or claimed to have been made, to the plaintiff. We submit that such proof was necessary…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action brought by the First National Bank of Frankfort, Kas., to recover upon a promissory note executed on the 14th day of May, 1883, by H. H. Lowery and Mary E. Lowery to Walter Bowman and Henry Bowman Brady, for $1,500, payable October 1, 1886, with interest at the rate of 8 per cent, pér annum, and also to-foreclose a mortgage executed by the Lowerys upon the same day to secure the payment of the note. The bank alleged in its petition that the payees named in the note, for a valuable consideration, had sold and delivered…
2Cases cited5 opinions
- Jackson v. . LoveSupreme Court of North Carolina · 1880
- Williams v. NortonSupreme Court of Kansas · 1865
- Gano v. McCarthy's adm'rCourt of Appeals of Kentucky · 1881
- King v. GottschalkSupreme Court of Iowa · 1866
- Garner v. CookIndiana Supreme Court · 1868
3Cited by12 opinions
- Jones v. WheelerSupreme Court of Oklahoma · 1909
- Reserve Loan Life Ins. Co. v. SimmonsSupreme Court of Oklahoma · 1928
- Anthony v. BrennanSupreme Court of Kansas · 1906
- Mid-State Homes, Inc. v. HockenbargerSupreme Court of Kansas · 1964
- Reynolds v. National Bank of CommerceSupreme Court of Kansas · 1919
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