First National Bank v. Taylor
Supreme Court of Kansas
Error from Leavenworth district court; J. H. Gillpatrick, judge. STATEMENT. This was an action by the First National Bank of St. Marys to recover from W. H. Taylor and J. F. Taylor, commission merchants at Kansas City, the sum of $683.19, the proceeds of the sale of certain mortgaged cattle and hogs alleged to be in the hands of the Taylors, to which the bank asserted a right.
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Error from Leavenworth district court; J. H. Gillpatrick, judge. STATEMENT. This was an action by the First National Bank of St. Marys to recover from W. H. Taylor and J. F. Taylor, commission merchants at Kansas City, the sum of $683.19, the proceeds of the sale of certain mortgaged cattle and hogs alleged to be in the hands of the Taylors, to which the bank asserted a right. The following special findings of fact and conclusions of law were made and stated by the trial court: “findings of fact. “1. On the 10th day of November, 1899, one Josiah Reed was, and had been for some time prior…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J. :
The principal .question presented here is whether the facts in the case justified the decision of the trial court denying a recovery to the bank of the proceeds of mortgaged property' which the Taylors applied to the satisfaction of their verbal mortgage. There was no substantial dispute as to the existence and validity of the several mortgages involved nor in regard to their relative positions as to seniority, except as to the unwritten mortgage from Reed to the Taylors. Reed gave a first mortgage to the Taylors on sixty-four head of…
2Cases cited4 opinions
- Bates v. WigginSupreme Court of Kansas · 1887
- Burnham, Hanna, Munger & Co. v. Citizens Bank of EmporiaSupreme Court of Kansas · 1895
- Mitchell v. RichmondSupreme Court of Pennsylvania · 1894
- Dunlap v. DunsethMissouri Court of Appeals · 1899
3Cited by5 opinions
- Youngberg v. WalshSupreme Court of Kansas · 1905
- State Bank v. AbbottSupreme Court of Kansas · 1919
- Dosbaugh National Bank v. JelfSupreme Court of Kansas · 1911
- Cherryvale Investment Co. v. DillmanSupreme Court of Kansas · 1932
- Schwartz v. DuncanSupreme Court of Kansas · 1930