Wyeth Hardware Co. v. Standard Implement Co.
Supreme Court of Kansas
Error from Saline Eistriet Court. On September 1,1887, the Standard Implement Company began a suit in attachment in the district court of Saline county against T. C. Ritter & Co. A stock of hardware was attached, a receiver appointed, and the property sold.
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Error from Saline Eistriet Court. On September 1,1887, the Standard Implement Company began a suit in attachment in the district court of Saline county against T. C. Ritter & Co. A stock of hardware was attached, a receiver appointed, and the property sold. The Wyeth Hardware Company was allowed to interplead in the case, claiming a first lien on the attached property and the proceeds arising from the sale thereof by virtue of a chattel mortgage executed August 30, 1887, by the said T. C. Ritter & Co., to secure a note of $548.96. At the May term, 1888, the case was tried by the court,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This case was tried by the court without a jury. The court made the following finding of fact:
“The mortgages executed by T. C. Ritter & Co. in favor of the Wyeth Hardware Company and other creditors, on August 30,1887, were made voluntarily by T. C. Ritter & Co., without solicitation from such creditors, and as part of the plan of Ritter to abandon control of his property by making an assignment thereof for the benefit of his creditors, with a preference to the Wyeth Hardware Company and others. The mortgages and deed of assignment were…
2Cases cited2 opinions
- Randall v. ShawSupreme Court of Kansas · 1882
- Bailey v. Kansas Manufacturing Co.Supreme Court of Kansas · 1884
3Cited by8 opinions
- Jones v. Charles P. Kellogg & Co.Supreme Court of Kansas · 1893
- Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.Supreme Court of Missouri · 1895
- Jones v. CoatesCourt of Appeals for the Eighth Circuit · 1912
- In re DevlinDistrict Court, D. Kansas · 1910
- Ottenberg v. CornerCourt of Appeals for the Eighth Circuit · 1896
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