Gunby v. Culver
This text of 71 P. 1127 (Gunby v. Culver) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The principal point in this case is whether
the advancement of money and the taking up of a note constituted a payment and extinguishment of the note or a purchase of the same. The testimony tended to show that [786]*786the parties interested regarded the transaction as a purchase, and there were a number of circumstances supporting that theory. It was a question of fact submitted for the determination of the trial court, and its gen eral-finding appears to be sustained by sufficient evidence. The pleadings warranted the proof offered and the objection to the testimony is not deemed to be material.
The judgment is affirmed.
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Cite This Page — Counsel Stack
71 P. 1127, 66 Kan. 785, 1903 Kan. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunby-v-culver-kan-1903.