17 Kan. 81 | Kan. | 1876
The opinion of the court was delivered by
This was an action on a-promissory note. The note reads as follows :
“$194.00. January 5th, 1871.
Four months after date, for value received, I, administrator of the estate of Walter R. Gage deceased, promise to pay to ■J. S. Hoke & Co., or order, the sum of $194.00, vfíth interest at the rate of 12 per cent, per annum‘after maturity until paid. Payable at the Exchange Bank, Atchison, Kansas.
F. H. Hostetter,
Administrator of the estate of W. R. Cage, deceased.”
The defendant answered, that he executed this note in the ' ■capacity of administrator of the estate of W. R. Gage, deceased, and not in his own individual capacity. The plaintiff demurred to this answer on the ground that it did not .state facts sufficient to constitute either a cause of action or a defense. The court sustained the demurrer, and no exception was taken thereto. The court then proceeded with the hearing of the case, and found in favor of the plaintiff and against the defendant for the amount of the note and interest, and rendered judgment accordingly. No exception was taken to the hearing, or finding, or judgment. Indeed, no exception was taken to any ruling, order, finding or decision of the court below. Therefore we cannot reverse ’the judgment of the court below. We cannot even consider the ruling on the demurrer, or any other ruling not excepted to. And just such a judgment as was rendered may under some circumstances be properly rendered on just such a promissory note. Aside from what is shown by the note itself, and by the an
The judgment of the court below will be affirmed.