Carr v. Catlin
Supreme Court of Kansas
Error from Leavenworth District Court. Action by Catlin and two others, partners as “Catlin & Co.,” commenced against Carr, Clark, and Mills, as sureties in a bond given July 13th, 1866, by Samuel S. Ludlum, administrator of the estate of ¥m. H. Hays, deceased, for the proper execution of the trust imposed on him by taking possession of the partnership property of the firm of Hays & Ludlum.
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Error from Leavenworth District Court. Action by Catlin and two others, partners as “Catlin & Co.,” commenced against Carr, Clark, and Mills, as sureties in a bond given July 13th, 1866, by Samuel S. Ludlum, administrator of the estate of ¥m. H. Hays, deceased, for the proper execution of the trust imposed on him by taking possession of the partnership property of the firm of Hays & Ludlum. The plaintiffs were creditors of Hays & Ludlum, and they claimed that by reason of the unlawful conversion of said partnership property an action had accrued to them on said bond. The action was commenced…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.: This was an action on a bond given by the administrator of the estate of Wm. H. Hays deceased, upon taking possession of the partnership property of the firm of Hays & Ludlum, of which firm the deceased was a member. It appears from the pleadings and special verdict that in March 1866 the firm of Hays & Ludlum was composed of Wm. H. Hays and John B. Ludlum; that the 26th of that month Wm. H. Hays died, intestate; that on the 5th of July Samuel S. Ludlum was appointed administrator of his estate; that thereafter the surviving partner filed…
2Cases cited3 opinions
- Glass Co. v. LudlumSupreme Court of Kansas · 1871
- Green's Administrator v. VirdenSupreme Court of Missouri · 1856
- State ex rel. Bredell's v. BaldwinSupreme Court of Missouri · 1858
3Cited by19 opinions
- Blaker v. SandsSupreme Court of Kansas · 1883
- Gaynes v. WallingfordSupreme Court of Kansas · 1959
- Denton v. MillerSupreme Court of Kansas · 1922
- Neosho Valley Investment Co. v. CornellSupreme Court of Kansas · 1899
- Burris v. BurrisSupreme Court of Kansas · 1934
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