Niccolls v. Esterly
Supreme Court of Kansas
Error from Fra/nklin District Court. Esterly brought suit against Niccolls on a note given for $240, dated October 15th 1870, signed by Geo. H. Stewart, A. L. Niccolls, and S. B. McCord. Plaintiff claimed a balance of $161.07. Answer, that Stewart was the principal debtor, and that he (Stewart) had paid said note in full. Trial at the November Term 1874. Finding and judgment in favor of the plaintiff for $117.75, and Niccolls brings the case here.
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Error from Fra/nklin District Court. Esterly brought suit against Niccolls on a note given for $240, dated October 15th 1870, signed by Geo. H. Stewart, A. L. Niccolls, and S. B. McCord. Plaintiff claimed a balance of $161.07. Answer, that Stewart was the principal debtor, and that he (Stewart) had paid said note in full. Trial at the November Term 1874. Finding and judgment in favor of the plaintiff for $117.75, and Niccolls brings the case here. The proceedings and alleged errors sufficiently appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought by defendant in error upon a note executed jointly by plaintiff in error, and S. B. McCord and Geo. H. Stewart. The answer of plaintiff in error alleged payment in full made by Geo. H. Stewart, principal on the note. It appeared that Stewart had died prior to the commencement of the action. Two questions are presented: First, that the finding was against the evidence; and second, that there was error in the admission of testimony.
Under the well-settled rules of this court, we cannot disturb the judgment on the…
2Cited by15 opinions
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- Hay v. PetersonWyoming Supreme Court · 1896
- Plowman v. NicholsonSupreme Court of Kansas · 1909
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