Wygal v. Bigelow
Supreme Court of Kansas
Error from Miami District Court. On October 31, 1883, D. Wygal & Son being indebted to S. G. Bigelow for that amount, gave their five promissory-notes for $3,236.19, with 10 per cent, interest.
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Error from Miami District Court. On October 31, 1883, D. Wygal & Son being indebted to S. G. Bigelow for that amount, gave their five promissory-notes for $3,236.19, with 10 per cent, interest. These notes were payable at different times, but they all became due by October 30, 1884. They were secured by a chattel mortgage on — “ One blacksmith shop, with all the tools and fixtures therewith connected; one wagon shop, with all the tools and fixtures therein contained, including engine, boilers, shaftings, belting, lathes, and all the tools and fixtures of every kind or nature used in…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Upon the trial of this case in the court below, the burden of the issues, under the pleadings, was upon the defendants. The plaintiff objected to the introduction of any testimony to sustain the answers, and this objection having been sustained, judgment was rendered for $1,009.92, the balance claimed to be due to the plaintiff upon the notes of D. Wygal & Son, and for a foreclosure of the mortgage of Sylvester Wygal and wife on lot 2, in block 30, in Paola, to pay the judgment and costs. All the answers must be treated as if filed before…
2Cases cited4 opinions
- Denny v. Van DusenSupreme Court of Kansas · 1882
- Jones v. FranksSupreme Court of Kansas · 1885
- Hungate v. ReynoldsIllinois Supreme Court · 1874
- Hamlyn v. BoulterSupreme Court of Kansas · 1875
3Cited by14 opinions
- Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Burton v. RandallCourt of Appeals of Kansas · 1896
- Harrill v. WeerSupreme Court of Oklahoma · 1910
- Graves v. NegySupreme Court of Kansas · 1923
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