Cuendet v. Lahmer
Supreme Court of Kansas
Error from Shawnee District Court. Cuendet brought suit against Lahmer on five promissory notes given by L. to plaintiff, on the 18th November 1873. Aggregate amount of notes, $749. At the commencement of the action Cuendet sued out an order of attachment, which was levied on a stock of jeweler’s merchandise, shelving, showcases, safe, etc.
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Error from Shawnee District Court. Cuendet brought suit against Lahmer on five promissory notes given by L. to plaintiff, on the 18th November 1873. Aggregate amount of notes, $749. At the commencement of the action Cuendet sued out an order of attachment, which was levied on a stock of jeweler’s merchandise, shelving, showcases, safe, etc. The grounds for the attachment were, “ that said defendant has property subject to execution which he conceals, and that he has assigned, removed, and disposed of his property with intent to hinder, delay and defraud his creditors.” Lahmer moved to…
1Opinion of the Court
*529The opinion of the court was delivered by
Brewer, J.:
This is a proceeding to review the action of the district court of Shawnee county in vacating an attachment. The principal ground in the affidavit for the attachment was the disposal of property with intent to hinder, delay, and defraud creditors. The truth of this was denied. Upon the affidavits presented there can be no reasonable doubts as to the correctness of the court’s ruling in so far as the question of an actual intent to hinder and delay creditors is concerned. While property was disposed of, the proceeds thereof were, with the…
2Cases cited2 opinions
- Kayser v. HeavenrichSupreme Court of Kansas · 1870
- Case v. IngersollSupreme Court of Kansas · 1871
3Cited by4 opinions
- Frankhouser v. EllettSupreme Court of Kansas · 1879
- Bank of Inman v. GravesSupreme Court of Kansas · 1938
- Lewis v. HughsSupreme Court of Kansas · 1892
- Seals Piano & Organ Co. v. BellSupreme Court of Alabama · 1916