Brown v. Cloud County Bank
Court of Appeals of Kansas
Memorandum. — Error from Cloud district court; F. W. Sturges, judge. Action by N. B. Brown and John C. Elliott, partners as N. B. Brown & Co., against The Cloud County Bank, of Concordia, as garnishee. Helen Roberts filed an interplea. Verdict and judgment for the interpleader. Plaintiffs bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Carver, J. :
Various errors are assigned in this case by the plaintiffs in error, but the only one which *353we deem of sufficient importance to consider at any length is that based upon the action of the court in directing the jury to return a verdict against plaintiffs in error, who were plaintiffs below. The verdict ivas so directed on the ground that the plaintiffs’ cause of action was virtually one for relief on the ground of fraud, and, as more than twó years had elapsed since the fraud was committed, the bar of the statute of limitations precluded…
2Cases cited1 opinion
- Vanduyn v. HepnerIndiana Supreme Court · 1874
3Cited by11 opinions
- Cornell v. EdsenWashington Supreme Court · 1914
- Logan v. BrownSupreme Court of Oklahoma · 1908
- Muckenthaler v. NollerSupreme Court of Kansas · 1919
- Payne v. BeaumontCourt of Appeals of Texas · 1922
- Olson v. O'ConnorNorth Dakota Supreme Court · 1900
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