Willard v. Ostrander
Supreme Court of Kansas
Error from Rice District Court. Action by Ostrander against Willard for conversion. Judgment for plaintiff. Defendant comes to this court. The facts fully appear in the opinion. The fifth count of the plaintiff’s petition fails to state a cause of action against Willard for breach of warranty, because it nowhere alleges that Weeks was agent with power to sell, or that, having power to sell, he was authorized to give a warranty.
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Error from Rice District Court. Action by Ostrander against Willard for conversion. Judgment for plaintiff. Defendant comes to this court. The facts fully appear in the opinion. The fifth count of the plaintiff’s petition fails to state a cause of action against Willard for breach of warranty, because it nowhere alleges that Weeks was agent with power to sell, or that, having power to sell, he was authorized to give a warranty. But beyond all this, the fatal defect in said count is in the fact that payment or liquidation of the notes held by Willard, secured by the chattel mortgage, is…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action was brought by the defendant in error, as plaintiff below, to recover the value of 1,500 Merino sheep which he alleges he owned, and the defendant took and converted to his own use. The defendant admitted the taking of the sheep, but justified the act as having been done by virtue of a chattel mortgage given by the plaintiff to him on the 2d day of September, 1885, on the sheep in controversy, to secure the sum of $3,850.50, according to the terms of four promissory notes. To this answer the plaintiff replied, denying the…
2Cases cited16 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Nill v. ComparetIndiana Supreme Court · 1861
- Scheible v. SlagleIndiana Supreme Court · 1883
- Burton v. BurtonIndiana Supreme Court · 1867
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Phelps v. HamiltonCourt of Appeals for the Tenth Circuit · 1997
- Rhoten v. DicksonSupreme Court of Kansas · 2010
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Ransom v. City of PierreCourt of Appeals for the Eighth Circuit · 1900
- Rodney v. GibbsSupreme Court of Missouri · 1904
16 more not listed; retrieve them via the Exa API.