Parkhurst v. First National Bank
Supreme Court of Kansas
Error from Cloud District Court. This was an action in the court below brought by George L. Darhhurst against The First National Banlc of Clyde to recover the statutory penalty for neglecting and refusing to enter satisfaction of certain chattel mortgages. Trial before the court with a jury. Judgment for the defendant. The plaintiff brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
HortON, C. J.:
The principal questions in this case arise upon instructions given by the trial court.
I. The court instructed the jury, that before the plaintiff was entitled to recover, the mortgagee must be the defendant, or the defendant must be the assignee of the chattel mortgage by an assignment filed or recorded. This instruction follows the rule adopted in Thomas v. Reynolds, 29 Kas. 304. It was held in that case that
“Where a mortgage has been assigned, no action under the statute will lie to recover the penalty without proof of an assignment of…
2Cases cited6 opinions
- Thomas v. ReynoldsSupreme Court of Kansas · 1883
- Burrows v. BangsMichigan Supreme Court · 1876
- Canfield v. ConklingMichigan Supreme Court · 1879
- Joyce v. MeansSupreme Court of Kansas · 1889
- First National Bank v. GrimesSupreme Court of Kansas · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. ColsonSupreme Court of Oklahoma · 1912
- First State Bank of Indiahoma v. CarrSupreme Court of Oklahoma · 1919
- American Nat. Bank of Oklahoma City v. JordenSupreme Court of Oklahoma · 1926
- Emerson-Brantingham Implement Co. v. FaulknerSupreme Court of Kansas · 1925
- Blount v. Aetna Building & Loan Ass'nSupreme Court of Kansas · 1916
3 more not listed; retrieve them via the Exa API.