McWhirt v. Mckee
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by John McKee, defendant in error, a8 ¿receiver of the late firm of Carney & Stevens, to recover money had and received by Me Whirt to the use of said C. S. On the 11th of January, 1864, one Nathan Bray .gave his note to Carney ¡fe Stevens for $1,927.92, due in sixty days. On the 1st of October, 1864, this note was Assigned to plaintiff in error. He brought suit on it in •his own name in Bourbon county.
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Error from Leavenworth District Court. Action brought by John McKee, defendant in error, a8 ¿receiver of the late firm of Carney & Stevens, to recover money had and received by Me Whirt to the use of said C. S. On the 11th of January, 1864, one Nathan Bray .gave his note to Carney ¡fe Stevens for $1,927.92, due in sixty days. On the 1st of October, 1864, this note was Assigned to plaintiff in error. He brought suit on it in •his own name in Bourbon county. Bray pleaded a set-off for a larger amount than the note, and on the final hearing of the case, the amount of the note was allowed to…
1Opinion of the Court
The opinion of the court was delivered by
Eingman, O. J.:
The testimony showed that McWhirt received Bray’s note for collection; that he paid nothing for it, but did promise to account for and pay over the proceeds when collected; that the amount thereof was allowed him on the trial of his suit with Bray, whereby he obtained the full benefit of the value of the note, and that he had paid over nothing, and that Carney & Stevens knew nothing of McWhirt’s suit against Bray during its pendency, nor till long after it was decided; and that the note was regularly assigned to McWhirt for collection…
2Cited by24 opinions
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Turner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Chadwick v. Barba Lou, Inc.Ohio Supreme Court · 1982
- Denton v. City of AtchisonSupreme Court of Kansas · 1907
- Stack v. BeachIndiana Supreme Court · 1881
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