Miltonvale State Bank v. Kuhnle
Supreme Court of Kansas
Error from Cloud District Court. The opinion states the facts. Within Farmers’ Bank v. Bank of Glen Elder, 46 Kas. 376, and Howard v. National Bank, 44 id. 549, the defendant in error could have no right as against plaintiff in error, under the facts, by virtue of his chattel mortgages of April 17, 1886. The names “Samuel M. Johnston” and “S. M. Johnson” are not the same; the names “Johnston” and “Johnson” are not even idem sonans.
Read the full summary
Error from Cloud District Court. The opinion states the facts. Within Farmers’ Bank v. Bank of Glen Elder, 46 Kas. 376, and Howard v. National Bank, 44 id. 549, the defendant in error could have no right as against plaintiff in error, under the facts, by virtue of his chattel mortgages of April 17, 1886. The names “Samuel M. Johnston” and “S. M. Johnson” are not the same; the names “Johnston” and “Johnson” are not even idem sonans. Bull v. Franklin, 2 Spears (S. C.), 46; Mead v. The State, 26 Ohio St. 505; Selman v. Orr, 12 S. W. Rep. 697. The court erred in finding that the defendant in…
1Opinion of the Court
Opinion by
Green, C.:
This was an action in replevin, brought in the district court of Cloud county by the Milton-vale State Bank against P. Kuhnle, to recover eight cows and four calves, of the aggregate value of $200. The plaintiff claimed the property under a chattel mortgage made by Samuel M. Johnston to it-on the 7th day of September, 1887, to secure the payment of $925, and filed for record the next day in the office of the register of deeds of Ottawa county, where the mortgagor resided and the property was then kept. The mortgage was kept alive by a renewal affidavit filed' in the office…
2Cases cited2 opinions
- Rooks v. StateSupreme Court of Alabama · 1887
- Howard v. First National BankSupreme Court of Kansas · 1890
3Cited by8 opinions
- State ex rel. Blake v. DunnSupreme Court of Kansas · 1925
- Green v. MeyersMissouri Court of Appeals · 1903
- Puckett v. HetzerSupreme Court of Kansas · 1910
- Webster v. HeginbothamColorado Court of Appeals · 1913
- State v. JonesSupreme Court of Minnesota · 1893
3 more not listed; retrieve them via the Exa API.