McCubbin v. Graham
Supreme Court of Kansas
Error from Atchison County. Out November 4th, 1865, plaintiff in error was the agent for one A. A. Fleming, of Missouri, for the purpose of selling some real estate owned by Fleming, in the county of Atchison. Plaintiff in error had no formal power of attorney, but was authorized by letters from Fleming to negotiate the sale of the real estate, and the deed was to be made by Fleming to the purchaser.
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Error from Atchison County. Out November 4th, 1865, plaintiff in error was the agent for one A. A. Fleming, of Missouri, for the purpose of selling some real estate owned by Fleming, in the county of Atchison. Plaintiff in error had no formal power of attorney, but was authorized by letters from Fleming to negotiate the sale of the real estate, and the deed was to be made by Fleming to the purchaser. Plaintiff in error, as such agent, negotiated a sale of said real estate with defendant in error, for $5,500, and received thereon a $500 United States bond, and gave the following receipt until…
1Opinion of the Court
By the Court,
Safford, J.
Robert Graham, plaintiff in the court below, brought *406Ms action to recover the value of a certain five-hundred-dollar United States bond, of the description commonly known as “seven-thirties.” He alleged in his petition that the bond was of the value of five hundred and forty dollars ; that 'he was the owner thereof on the 11th day of June, 1866; and that Rice S. McCubbin,- the defendant, on the 20th day of June, 1866, wrongfully converted the same to his own use and benefit.
McCubbin interposed two defenses : first, a general denial; and second, a former recovery of the…
Also in this document: Concurrence.
2Cited by5 opinions
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- State Ex Rel. Carlton v. TriplettSupreme Court of Kansas · 1973
- Crosby v. LivingstonSupreme Court of Kansas · 1919
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- Trentman v. KeachSupreme Court of Kansas · 1934