Irwin v. Dole
Court of Appeals of Kansas
Error from Brown district court; J. F. Thompson, judge. The defendant, in error, as plaintiff below, brought an action in the district court of Brown county upon a promissory note executed by the plaintiff in error, payable to the order of Louis E. Parker, and indorsed by him to Arthur W. Dole, the defendant in error. The case was tried to a jury. The court instructed the jury to return a verdict for the plaintiff, which was done.
1Opinion of the Court
The opinion of the court was delivered by
Wells, J.:
The plaintiff in error contends that there was substantial evidence introduced tending to show, first, that the note sued on had been materially altered by a change of the date of payment from the 1st day of March, 1890, to the 1st day of March, 1892 ; second, that the note was not delivered to the payee, but was placed in escrow, taken therefrom without authority, and transferred to the holder. From the decision in the case of McCormick v. Holmes, 41 Kan. 265 (21 Pac. Rep. 108), the question of escrow seems to be immaterial, and the only…
2Cases cited2 opinions
- Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
- McCormick v. HolmesSupreme Court of Kansas · 1889
3Cited by3 opinions
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- Hussey v. BlaylockSupreme Court of Oklahoma · 1908
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