Legal Opinion

Lichty v. McMartin

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 14 opinions

Error from Brown District Court. . McMartin brought suit, on certain notes which Lichty had given him, and which were unpaid. Said notes were given as a part of the purchase price of a mill in Dixon, Illinois, and payment of them was secured by a mortgage on the mill. Lichty, after having paid McMartm $16,000 of the purchase price, sold the mill to one Wood; and in the deed to Wood it was stipulated that Wood should pay off the mortgage as a part of the purchase price.

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Error from Brown District Court. . McMartin brought suit, on certain notes which Lichty had given him, and which were unpaid. Said notes were given as a part of the purchase price of a mill in Dixon, Illinois, and payment of them was secured by a mortgage on the mill. Lichty, after having paid McMartm $16,000 of the purchase price, sold the mill to one Wood; and in the deed to Wood it was stipulated that Wood should pay off the mortgage as a part of the purchase price. To this arrangement McMartin assented. These facts were set up by Lichty by way of estoppel. The plaintiff demurred to the…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an ordinary action on two promissory notes. The defendant (now plaintiff in error) set up as a defense in substance as follows: “The notes are secured by a certain mortgage on a certain mill in the State of Illinois; these notes with said mortgage, together with certain other notes not yet due, were given by the defendant to the plaintiff on January 20th 1868, in the state of Illinois, for the purchase-money of said mill; that about October 1869 defendant, with the knowledge and approbation and consent of plaintiff, sold the…

2Cases cited1 opinion

  1. Vansant v. AllmonIllinois Supreme Court · 1859

3Cited by14 opinions

  1. Rossiter v. MerrimanSupreme Court of Kansas · 1909
  2. Kimber v. Gunnell Gold Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1903
  3. Kearny County Bank v. NunnSupreme Court of Kansas · 1943
  4. Collins v. Industrial Savings SocietySupreme Court of Oklahoma · 1920
  5. Federal Farm Mortgage Corp. v. BolingerSupreme Court of Kansas · 1940

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