Legal Opinion

Elder v. First National Bank

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 2 opinions

Error from, Franklin Eistriet Gov/rt. Peter P. Elder and John Walrupf, as plaintiffs, filed their petition against the First National Bank of Ottawa, the National Bank of Lavrrenee, and JR. E. Jenness, as defendants, to enjoin and restrain the defendants from transferring certain notes and mortgages, and to compel the surrender and satisfaction of said securities, and of certain judgments. The probate judge of Franklin county granted a temporary injunction.

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Error from, Franklin Eistriet Gov/rt. Peter P. Elder and John Walrupf, as plaintiffs, filed their petition against the First National Bank of Ottawa, the National Bank of Lavrrenee, and JR. E. Jenness, as defendants, to enjoin and restrain the defendants from transferring certain notes and mortgages, and to compel the surrender and satisfaction of said securities, and of certain judgments. The probate judge of Franklin county granted a temporary injunction. The defendants moved to dissolve said injunction, and said motion was heard before Hon. O. A. Bassett, district judge, at chambers, March…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Plaintiffs in error seek by this proceeding to have reversed an- order of the district judge dissolving a temporary injunction. The facts, as disclosed in the petition,, (and this was all the evidence on the hearing,) are briefly these: On the 20th of April. 1872, the First National Bank of Ottawa loaned to the plaintiffs $14,954.08, which was an amount exceeding one-tenth of its capital stock, of which amount $10,000, and interest, was secured by a mortgage on real estate. The notes given for the $4,954.08 were transferred to the National…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Mott v. United States Trust Co.New York Supreme Court · 1855

3Cited by2 opinions

  1. Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
  2. Peterson v. CrosierUtah Supreme Court · 1905

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