Rathbun v. Berry
Supreme Court of Kansas
Error from Osborne District Court. Replevin. Judgment for defendants, Berry and others, at the May term, 1889. The plaintiff, Rathbun, brings the case to this court. The important facts are stated in the opinion. This note being still due and unpaid, the plaintiff, both by his mortgage and by virtue of taking possession of the goods, had acquired a valid and subsisting lien upon the entire stock of merchandise turned over to him by Mrs. Andrews, as agent for her husband.
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Error from Osborne District Court. Replevin. Judgment for defendants, Berry and others, at the May term, 1889. The plaintiff, Rathbun, brings the case to this court. The important facts are stated in the opinion. This note being still due and unpaid, the plaintiff, both by his mortgage and by virtue of taking possession of the goods, had acquired a valid and subsisting lien upon the entire stock of merchandise turned over to him by Mrs. Andrews, as agent for her husband. The court sustained the demurrer to the evidence, upon the theory that, because the mortgage provided that it should…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action of replevin, brought in the district court of Osborne county on November 27, 1888, by E. B. Rathbun against W. A. Berry, The Beloit Milling Company, a corporation, George W. Bittman, O. B. Taylor, and W. N. Todd, copartners, doing business as Bittman, Taylor & Co., John Jackson and Andrew Jackson, copartners, doing business as Jackson Bros., to recover certain goods, wares and merchandise alleged to be unlawfully detained by the defendants from the plaintiff, and of the aggregate value of $563.98. The plaintiff claimed…
2Cases cited1 opinion
- Parsons Savings Bank v. SargentSupreme Court of Kansas · 1878
3Cited by5 opinions
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- Brooks v. Bank of Beaver CitySupreme Court of Kansas · 1910
- Humphrey v. MayfieldSupreme Court of Kansas · 1901
- Smith, Heddens & Co. v. EpleySupreme Court of Kansas · 1895
- Garrison v. KurtCourt of Appeals for the Eighth Circuit · 1918