89 P. 895 | Kan. | 1907
The opinion of the court was delivered by
The plaintiff in error objected to the introduction of any evidence under the petition, for the reason that it did not state facts sufficient to constitute a cause of action. The objection was overruled, and this ruling of the court is assigned as error. It is insisted that the petition ought to allege specifically who the Mount Arbor Nursery Company is — whether a corporation, partnership, an unincorporated association, or
It is urged that this contract was not negotiable, and therefore that the defendant in error acquired no rights thereto. It is not claimed to be negotiable, like bills of exchange, promissory notes and other paper under the law merchant, but only that it can be transferred like other property, mere change of possession being sufficient. (Code, §§ 26, 27; Gen. Stat. 1901, §§ 4454, 4455; Washington v. Hobart, 17 Kan. 275, 277; James Clark & Co. v. Wiss & Ballard, 34 Kan. 553, 555, 9 Pac. 281; McCrum v. Corby, 11 Kan. 464, 470; Krapp v. Eldridge, 33 Kan. 106, 108, 5 Pac. 372.)
The nursery company would -not be permitted to deny the name of its own adoption. The defendant in error, who as agent for the company induced the plaintiff in error to execute the contract, cannot dispute the name of his assignor, and the plaintiff in error, after dealing with the company in the name under which it transacts business, and having received and retained the property bargained for, is not in a position to cavil about names when asked to pay for what he has received on account of such transaction.
Other questions are presented which depend, entirely upon the same objections, and need not be considered further.
The issues presented by the pleadings were all fairly presented to the jury, and decided in favor of the defendant in error, which leaves nothing involved therein for consideration here.
The judgment of the district court is affirmed.