Simpson v. Sheley
Court of Appeals of Kansas
Error from Norton district court; A. C. T. Geiger, judge. STATEMENT. Simpson, in Ms lifetime, instituted this suit to recover the possession of personal property mortgaged to him by the defendants in error to secure the payment of an indebtedness evidenced by a promissory note. He obtained a judgment, which was reversed by this court on December 4, 1896. The case is reported in 5 Kan.
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Error from Norton district court; A. C. T. Geiger, judge. STATEMENT. Simpson, in Ms lifetime, instituted this suit to recover the possession of personal property mortgaged to him by the defendants in error to secure the payment of an indebtedness evidenced by a promissory note. He obtained a judgment, which was reversed by this court on December 4, 1896. The case is reported in 5 Kan. App. 465, 46 Pac. 994. It was determined by that decision that changing the time when interest should begin to accrpe on a promissory note, so as to make it read from date instead of from maturity, was a…
1Opinion of the Court
The opinion of the court was delivered by
Mahan, P. J. :
The question presented in this case by the record and by the briefs and arguments of counsel is whether a lien created upon personal property by chattel mortgage can be enforced where it appears that the note evidencing the debt which the mortgage was given to secure has been materially altered in its terms by the payee, innocently.
It is contended that this was decided by the court in this case in its opinion filed December 4, 1896, and reported in Sheley v. Simpson, 5 Kan. App. 465, 46 Pac. 994. We do not construe the opinion as…
2Cases cited4 opinions
- Vogle v. RipperIllinois Supreme Court · 1864
- Sloan v. RiceSupreme Court of Iowa · 1875
- Clough v. SeaySupreme Court of Iowa · 1878
- Sheley v. SampsonCourt of Appeals of Kansas · 1896
3Cited by2 opinions
- Edington v. McLeodSupreme Court of Kansas · 1912
- First National Bank of Fredonia v. MeadowsSupreme Court of Missouri · 1970