Smith, Heddens & Co. v. Epley
Supreme Court of Kansas
Error from Greenwood District Court. ON the 8th of January, 1889, Henry Beck sold a general stock of merchandise, worth about $3,000, located in the Beck building, in Quincy, Greenwood county, to J. W. Epley and C. M. Shaw, partners' as Epley & Shaw. On the 4th of March, 1889, Epley & Shaw made a chattel mortgage on this merchandise to Henry Beck to secure a note for $1,520, a part of the purchase-money remaining unpaid.
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Error from Greenwood District Court. ON the 8th of January, 1889, Henry Beck sold a general stock of merchandise, worth about $3,000, located in the Beck building, in Quincy, Greenwood county, to J. W. Epley and C. M. Shaw, partners' as Epley & Shaw. On the 4th of March, 1889, Epley & Shaw made a chattel mortgage on this merchandise to Henry Beck to secure a note for $1,520, a part of the purchase-money remaining unpaid. Beck's note was not due until January 8, 1890. In March, 1889, Ep-ley bought out the interest of his partner, Shaw, and paid him $300 for the same from the proceeds of the…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J. :
The principal question presented in this case is whether the chattel mortgage executed *76by Epley & Shaw to Henry Beck is void as against tlie creditors of J. W. Epley. A few days after the execution of the mortgage, Epley purchased the interest of his partner, C. M. Shaw, in the mercantile business in which they were engaged. From that time to the 23d of November, 1889, 'when the goods were seized under the mortgage to plaintiffs, Epley was in the possession thereof as the owner and sold the same at retail in the usual course of business.…
2Cases cited1 opinion
- Rathbun v. BerrySupreme Court of Kansas · 1892
3Cited by4 opinions
- Joyce v. Armourdale State BankSupreme Court of Kansas · 1929
- First National Bank of Smith Center v. HardmanSupreme Court of Kansas · 1913
- Clarence E. Bussert v. John P. Quinlan, Trustee, in the Matter of Western Glass, Inc., a Corporation, BankruptCourt of Appeals for the Tenth Circuit · 1959
- Quinn, Trustee v. VoorheesSupreme Court of Kansas · 1965