Aldridge v. Elerick
Court of Appeals of Kansas
Memorandum.— Error’ from Montgomery district court; J. D. McGue, judge. Replevin by C. F. Elerick against W. M. Aldridge. Judgment for plaintiff. Defendant brings the case to this court.
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Memorandum.— Error’ from Montgomery district court; J. D. McGue, judge. Replevin by C. F. Elerick against W. M. Aldridge. Judgment for plaintiff. Defendant brings the case to this court. The statement of the case, as made by Dennison, J., is as follows: About November 15, 1888, one A. Clymer and-Lee were the owners of a stock of merchandise, and doing business in Elk county, Kansas; and at that time this defendant in error, C. F. Elerick, purchased or traded for Lee’s undivided one-half interest in said stock of goods, and he and said Clymer entered into a partnership for the purpose of…
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
If this plaintiff in error had any authority for seizing and disposing of the goods in controversy, it was by virtue of the chattel mortgage given by A. Clymer to the Ridenour-Baker Grocery *309Company, and the execution of J. W. Brigham & Co. against Clymer. The executions which were returned unsatisfied on the 14th day of January, 1889, were certainly no defense which could have been set up by said Aldridge to a suit begun on the 18th day of March, 1889. Therefore, unless said Aldridge has authority by virtue of said mortgage and said…
2Cases cited1 opinion
- Spalding v. BlackSupreme Court of Kansas · 1879
3Cited by1 opinion
- Gaynes v. WallingfordSupreme Court of Kansas · 1959