Thomas Hart Kennedy v. Robert L. Smith

DUFFY, Senior Circuit Judge.

This is a suit for damages by a farm landlord (Kennedy) against the operators of a grain elevator (Webbs) and the landlord’s tenant (Smith). The suit seeks damages from Smith for breach of a written lease and also seeks to exercise a claimed landlord lien, and to enforce a chattel mortgage against the tenant’s share of corn held in the Webbs’ grain elevator.

Kennedy also appealed from an order discharging his claim in bankruptcy against Smith but this point is not discussed in his brief and we shall consider it to have been abandoned.

Kennedy has been an Illinois…