Doe v. Callow

• Citation: 63 P. 603,10 Kan.App. 581
• Parties: DOE v. CALLOW et al.
• Decision Date: 15 January 1901
• Court: Court of Appeals of Kansas

63 P. 603

10 Kan.App. 581

DOE v. CALLOW et al.

Court of Appeals of Kansas, Southern Department, Eastern Division

January 15, 1901

Appeal from district court, Bourbon county; W. L. Simons, Judge.

Action by L. W. Doe against Charles W. Callow and another. From a judgment in favor of defendants, plaintiff appeals. Affirmed.

Nelson Case, for plaintiff in error.

C. E Cory and W. D. Burke, for defendants in error.

OPINION

PER CURIAM.

This action was commenced by L. W. Doe, plaintiff in error, in the district court of Bourbon county, against the defendants in error, defendants below, to recover upon the following promissory note:

"Kansas City, Mo., May 23, 1890. On the first day of June, A.D. 1895, for value received, I promise to pay to the order of the Globe Investment Company, at its office in Boston, Massachusetts, the sum of two hundred and fifty dollars in gold or its equivalent in United States money with interest until maturity at the rate of 6 per cent. per annum, payable semiannually according to the terms of ten coupons hereto attached. If said sum is not paid at maturity, the amount unpaid shall bear interest thereafter at the rate of 10 per cent. per annum, payable semiannually; and, if any interest remains unpaid ten days after it becomes due, the principal shall at once become due, at the option of the holder, without notice. Charles W. Callow.

"Attest: E. J. Chapin."

"This note is secured by a first mortgage on the W. ½, W. ½, S.E. ¼, 17-27-24 east, Bourbon county, Kansas."

On a separate piece of paper attached to said note is the following:

"Guaranty. In consideration of value received, and the agreements hereinafter made by the holder of this note, the Globe Investment Company hereby guaranties the payment of each coupon hereto attached at maturity, and the payment of this principal note within two years after June 1, 1895, with interest after maturity at the rate of 6 per cent. per annum payable semiannually. Said holder receiving this note agrees that he will assign and deliver to said company said note and deed securing it on the payment or tender of the amount thereof with accrued interest at the rate of 6 per cent. per annum. He further agrees that in case of default by the maker in any condition of said deed he will, on demand, deliver this note and said deed securing it to said company, with authority to foreclose said deed at its own expense, and to cause...