Jackson v. Longwell
Supreme Court of Kansas
Error from Greenwood district court; C. W. Shinn, judge. STATEMENT. The defendant in error, H. A. Longwell, as administrator of the estate of B. J. Newman, deceased, brought this action in the district court of Greenwood county, on the 6th day of February, 1897, against C. M. Jackson and Charlotte Jackson, husband and wife, for the purpose of obtaining a judgment against defendants on their two promissory notes and to foreclose two mortgages securing the same.
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Error from Greenwood district court; C. W. Shinn, judge. STATEMENT. The defendant in error, H. A. Longwell, as administrator of the estate of B. J. Newman, deceased, brought this action in the district court of Greenwood county, on the 6th day of February, 1897, against C. M. Jackson and Charlotte Jackson, husband and wife, for the purpose of obtaining a judgment against defendants on their two promissory notes and to foreclose two mortgages securing the same. These notes had been given to plaintiff’s decedent in his lifetime. The first cause of action set out a note for $500, dated December…
1Opinion of the Court
The opinion of the court was delivered by
Cunningham J.:
Counsel for plaintiff in error urges several reasons why the judgment of the court below should be reversed, but they all substantially resolve themselves into two contentions. The first is that Mrs. Jackson should not be held on the note set out in the second cause of action, because the statute of limitations had not been tolled as to her by reason of the payment indorsed thereon; that such payment was made by her husband, not as her agent, and without her knowledge or consent, and that such payment has not been ratified by her. These…
2Cases cited3 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Perry v. HorackSupreme Court of Kansas · 1901
- Hubbard v. OgdenSupreme Court of Kansas · 1879
3Cited by22 opinions
- Fisher v. PendletonSupreme Court of Kansas · 1959
- Kaiser v. IdlemanOregon Supreme Court · 1910
- State Bank v. CriswellSupreme Court of Kansas · 1942
- Hayes v. ReidSupreme Court of Kansas · 1937
- Skinner v. MooreSupreme Court of Kansas · 1902
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