Limbocker v. Higinbotham
Supreme Court of Kansas
Error from Riley District Cowrt. ACTION brought by IAmboeher against Higinbotham, to recover $1,078.20, which had been deposited with Higinbotham as a private banker. There was a trial without a jury, and the following findings of fact and of law were made by the court: “findings of fact. “1. Prior to the 31st day of December, 1888, defendant, William P. Higinbotham, had been engaged in business as a private banker at Manhattan, Riley county, Kansas.
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Error from Riley District Cowrt. ACTION brought by IAmboeher against Higinbotham, to recover $1,078.20, which had been deposited with Higinbotham as a private banker. There was a trial without a jury, and the following findings of fact and of law were made by the court: “findings of fact. “1. Prior to the 31st day of December, 1888, defendant, William P. Higinbotham, had been engaged in business as a private banker at Manhattan, Riley county, Kansas. “2. On the 31st day of December, 1888, defendant was indebted to the plaintiff, as a depositor in his bank, in the sum of one thousand and…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
An assignment for the benefit of creditors having been made, which is still open, can a. creditor who has presented and had allowed in full a claim against the estate which has not been paid maintain an action upon the original claim against' the assignor? No provision of the statute relating to assignments which would preclude or suspend the right of a creditor to recover a personal judgment against the assignor has been brought to our attention, and we find nothing in the nature and effect of such proceedings which would sustain such a…
2Cases cited8 opinions
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Cackley v. SmithSupreme Court of Kansas · 1892
- Sanborn & Warner v. Norton & DentzTexas Supreme Court · 1883
- Lawrence v. McVeaghIndiana Supreme Court · 1886
- McFarland v. BateSupreme Court of Kansas · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- James v. Lederer-Strauss & Co.Wyoming Supreme Court · 1925
- Lacy v. GunnCalifornia Supreme Court · 1904
- Thompson v. SinesWashington Supreme Court · 1897
- Bachman-Wise Motor Co. v. Comanche CountySupreme Court of Kansas · 1936
- Cosh-Murray Co. v. BothellWashington Supreme Court · 1894
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