Carson v. Kerr
Supreme Court of Kansas
Error from Leavenworth District Court. Carson sued Kerr to recover $3,760.80, of which the sum of $2,316 were alleged to be due plaintiff on a certain check drawn by one T. J. Weed on the banking house of Scott, Kerr & Co., of which firm defendant was a member; and the sum of $1,444.80 was alleged to be for money had and received by defendant for plaintiff’s use. The case was tried by the court, without a jury, and the findings and judgment were in favor of the defendant.
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Error from Leavenworth District Court. Carson sued Kerr to recover $3,760.80, of which the sum of $2,316 were alleged to be due plaintiff on a certain check drawn by one T. J. Weed on the banking house of Scott, Kerr & Co., of which firm defendant was a member; and the sum of $1,444.80 was alleged to be for money had and received by defendant for plaintiff’s use. The case was tried by the court, without a jury, and the findings and judgment were in favor of the defendant. The plaintiff brings the case here on error. The decision here is upon questions of practice; and from the views expressed…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
In this case the plaintiff in error seems to entirely ignore the findings of the court below, and to almost entirely ignore all the evidence introduced on the trial except such as was in his favor. It seems to be presumed by him, in the face of the findings of the court below, and in the face of the evidence, that every fact necessary to constitute a good cause of action is proven. The plaintiff has filed a printed argument in the case, and from a perusal of that argument, no one could discover that the court below made any findings…
Also in this document: Concurrence.
2Cited by4 opinions
- Gibbs v. GibbsSupreme Court of Kansas · 1877
- Brewster v. HallSupreme Court of Kansas · 1873
- Westerman v. EvansCourt of Appeals of Kansas · 1895
- Milwaukee Corrugating Co. v. TraylorSupreme Court of Kansas · 1915