Oil Well Supply Co. v. Johnson
Supreme Court of Kansas
Error from Shawnee district court; Alston W. DANA, judge. STATEMENT. This is an action to recover the value of a lot of pipe and casing, such as are used in drilling oil- and gas-wells, which the plaintiff claims was converted by the defendants to their own use and benefit, April 3, 1906. The petition of the plaintiff was filed in the district court of Shawnee county on May 12, 1906. It alleges in substance that on March 1, 1906, E. N. Burr was indebted to the plaintiff in…
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Error from Shawnee district court; Alston W. DANA, judge. STATEMENT. This is an action to recover the value of a lot of pipe and casing, such as are used in drilling oil- and gas-wells, which the plaintiff claims was converted by the defendants to their own use and benefit, April 3, 1906. The petition of the plaintiff was filed in the district court of Shawnee county on May 12, 1906. It alleges in substance that on March 1, 1906, E. N. Burr was indebted to the plaintiff in the sum of $300, and in consideration thereof executed his promissory note for that sum and secured its payment by a…
1Opinion of the Court
*755The opinion of the court was delivered by
Graves, J.:
Complaint is made of instruction No. 6, the objection being that it permitted the jury to find for the plaintiff upon a state of facts contrary to the averments of his petition and in opposition to his proof. The petition avers that the note was executed by E. N. Burr, and that the property described in the mortgage was then owned by him. The copy of the note and mortgage attached to the petition indicate the facts to be as alleged. There is no suggestion that the partnership of E. N. Burr & Co. was in any way connected with or concerned in…
2Cases cited8 opinions
- Brenner v. BigelowSupreme Court of Kansas · 1871
- Clark v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1892
- Newby v. MyersSupreme Court of Kansas · 1890
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of Kansas · 1878
- St. Louis & San Francisco Railway Co. v. FudgeSupreme Court of Kansas · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Armstrong v. GreenSupreme Court of Oklahoma · 1925
- Johnson v. Oil Well Supply Co.Supreme Court of Kansas · 1911