Central National Bank of Junction City v. Sheldon
Supreme Court of Kansas
Appeal from Wyandotte district court. STATEMENT. The bank sued C. M. Sheldon and C. K. Bowen to recover the amount due on a promissory note for $4500 payable to the bank’s order, executed June 5, 1905, by The C. M. Sheldon Company.
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Appeal from Wyandotte district court. STATEMENT. The bank sued C. M. Sheldon and C. K. Bowen to recover the amount due on a promissory note for $4500 payable to the bank’s order, executed June 5, 1905, by The C. M. Sheldon Company. The petition alleged that in 1904 the defendants signed and acknowledged articles of incorporation of The C. M. Shéldon Company under the laws of the territory of Arizona for the purposes of gain, filed the same with the proper officers of said territory as provided by the laws thereof,- obtained a corporate charter for said company and thereupon maintained an…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
In directing a.verdict the court seems to have proceeded upon the theory that the plaintiff was estopped by the proceedings before the referee in bankruptcy from now asserting a claim against Sheldon for án individual liability updn the indebtedness after contending there that the note was' the obligation of the company and hot that of Sheldon individually, and after procuring an adjudication to that effect. There is nothing inconsistent in the claim now made .by the plaintiff and that asserted before the referee. The plaintiff is not…
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