Kayser v. Heavenrich
Supreme Court of Kansas
JError from Leavenworth County. To understand tlie case so far as is necessary for an appreciation of the points determined, it will, in addition to the statement of the facts thereof in the opinion, only be necessary to insert here the findings of the court below substantially as follows: That on the 19th day of March, 3855, the firm of J. Kallman & Co., by Joseph Westenberger, one of the partners, executed a deed of assignment to the plaintiff, conveying to him all the…
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JError from Leavenworth County. To understand tlie case so far as is necessary for an appreciation of the points determined, it will, in addition to the statement of the facts thereof in the opinion, only be necessary to insert here the findings of the court below substantially as follows: That on the 19th day of March, 3855, the firm of J. Kallman & Co., by Joseph Westenberger, one of the partners, executed a deed of assignment to the plaintiff, conveying to him all the firm property of every description, and directing him, as such assignee, to convert such properly into money with all…
1Opinion of the Court
By the Court,
Kingman, C. J.
The plaintiff in error is assignee of Kallman & Co., and as such assignee had in his hands the funds realized from the property and debts due said Kallman & Co. when he was garnished by the defendants in error. He therefore filed his petition in the district court, setting up the deed of trust and his actions thereunder, making the defendants in error and the other creditors of Kallman & Co. parties, and asking the court to direct him what disposition to make of the funds. The defendants in error answered, setting up their claims and alleging *335that said deed of…
2Cases cited1 opinion
- Gregory v. StantonMichigan Supreme Court · 1863
3Cited by10 opinions
- Wallach v. WylieSupreme Court of Kansas · 1882
- Farlin v. SookSupreme Court of Kansas · 1883
- Herd v. ChambersSupreme Court of Kansas · 1944
- Hairgrove v. MillingtonSupreme Court of Kansas · 1871
- Burrows v. LeechMichigan Supreme Court · 1898
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