Dewey v. Bobbitt
Supreme Court of Kansas
Error from Sedgwick district court,- THOMAS C. Wilson, judge. STATEMENT. This action was brought by the plaintiff in error to recover personal property of the total alleged value of . $455, which had been mortgaged by the defendant, Bobbitt, to one Goodin.
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Error from Sedgwick district court,- THOMAS C. Wilson, judge. STATEMENT. This action was brought by the plaintiff in error to recover personal property of the total alleged value of . $455, which had been mortgaged by the defendant, Bobbitt, to one Goodin. The plaintiff claims that before its maturity he bought of Goodin for $500 a note which was secured by a chattel mortgage on the property, and after the maturity of the note demanded possession of the mortgaged property, which Was refused, and this action was brought to recover it. The defendant answered by a general denial. The ■ court…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
If the plaintiff did not actually buy the note secured by the mortgage before maturity, or if before the purchase he had notice of the defense thereto, any defense that could have been made against an action by Goodin could also be made against an action by the plaintiff, but the transfer of the note and mortgage from Goodin to the plaintiff was sufficient in any event to protect the defendant against any future action on the mortgage or note by Goodin. No defense is available to the defendant in this case that would not have been available…
2Cases cited2 opinions
- White v. GemenySupreme Court of Kansas · 1892
- Street v. MorganSupreme Court of Kansas · 1902
3Cited by10 opinions
- Roberts v. BoydstonSupreme Court of Oklahoma · 1939
- El Dorado National Bank v. EikmeierSupreme Court of Kansas · 1931
- Hammond Motor Co. v. WarrenSupreme Court of Kansas · 1923
- Vallancey v. HuntNorth Dakota Supreme Court · 1910
- Morrison v. MontgomerySupreme Court of Kansas · 1919
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