Moline Plow Co. v. Witham
Supreme Court of Kansas
M'ror from Thomas District Court. ACTION by tbe Moline Plow Company against M. W. Witham, sheriff, and Eamsey & Eamsey, for the possession of goods sold by plaintiff to Ramsey & Ramsey under an agreement that the ownership should remain in the seller until paid for, and levied on by Witham at the instance of attaching creditors of Ramsey & Ramsey. At the March term, 1890, there was judgment for defendants, and plaintiff brings error.
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M'ror from Thomas District Court. ACTION by tbe Moline Plow Company against M. W. Witham, sheriff, and Eamsey & Eamsey, for the possession of goods sold by plaintiff to Ramsey & Ramsey under an agreement that the ownership should remain in the seller until paid for, and levied on by Witham at the instance of attaching creditors of Ramsey & Ramsey. At the March term, 1890, there was judgment for defendants, and plaintiff brings error. Plaintiff in error contends that its conditional contract, made with the Ramseys on December 8,1888, concerning the goods and chattels so replevied by plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
Under the written contract between the Moline Plow Company and Ramsey & Ramsey, the ownership of the goods in controversy was to remain in the plow company until they were fully paid for in cash. The goods levied upon were not sold at retail, or otherwise disposed of by the Ramseys, or either of them, but their creditors, on the 27th and 28th of May, 1889, levied upon the goods, under writs of attachment, to secure, if possible, their claims. Within the prior decisions of this court, the attaching creditors cannot be preferred to the…
2Cases cited6 opinions
- Burnes v. SimpsonSupreme Court of Kansas · 1872
- Wilcox v. WilliamsNevada Supreme Court · 1869
- Holcombe v. TracySupreme Court of Minnesota · 1858
- Rawson Manufacturing Co. v. RichardsWisconsin Supreme Court · 1887
- Standard Implement Co. v. Parlin & Orendorff Co.Supreme Court of Kansas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Farmers National Bank & Trust Co. v. Berks County Real Estate Co.Supreme Court of Pennsylvania · 1939
- Big Four Implement Co. v. WrightCourt of Appeals for the Eighth Circuit · 1913
- Barry v. Village of Port JervisAppellate Division of the Supreme Court of the State of New York · 1901
- Groesbeck v. BargerCourt of Appeals of Kansas · 1895
- Davis v. NationSupreme Court of Kansas · 1910
3 more not listed; retrieve them via the Exa API.