43 Kan. 60 | Kan. | 1890
The opinion of the court was delivered by
This was an action brought in the district court of Stafford county by L. Hafer, against R. H. Cornett and E. M. Cornett, husband and wife, to recover from them $650 and interest, upon two negotiable promissory notes. Each note was dated “Gunn City, Mo., April 19,1884,” and was executed by S. Z. Hartzler as maker, to the order of R. H. Cornett, payee — one note being for $300, payable on November 1, 1884, and the other note being for $350, payable on December 31, 1884; and each note was indorsed upon the back thereof as follows: “Pay the within to L. Hafer. R. H. Cornett, E. M. Cornett.” These notes were sold by R. H. Cornett to Hafer about the last of June, 1884, and at the time of the sale and before delivery the foregoing indorsements were made thereon. On March 2, .1887, the case was tried before the court without a jury, and the court rendered judgment in favor of the plaintiff, Hafer, and against both the defendants,
Judgment was rendered in this case against Mrs. Cornett upon both the notes, evidently upon the theory that she was
We have now said about all that need to be said in this case, and yet we will mention a few other things: The court below overruled a motion to require the plaintiff to make his petition more definite and certain, overruled a demurrer to the plaintiff’s petition, overruled a motion to suppress depositions taken on the part of the plaintiff, overruled a motion to exclude the introduction of any evidence on the part of the plaintiff, upon the ground that the petition did not state facts sufficient to constitute a cause of action, overruled a demurrer to the plaintiff’s evidence, and overruled a motion for a new trial, and then, upon all the pleadings and the evidence, found generally in favor of the plaintiff and against the defendant R. H. Cornett upon the note of $350, and against the defendant E. M. Cornett upon both notes, and rendered judgment
The judgment of the court below as against R. H. Cornett will be affirmed, and the judgment of the court below as against E. M. Cornett will be reversed, and the cause remanded for further proceedings.