Chapin v. Jenkins
Supreme Court of Kansas
Brrov from JBowbon District Gow't. Elizabeth Jenkins brought this action to recover the possession of a stock of merchandise, together with some fixtures and tools, against Wm. F. Dinklage, and A. D. Jones, the assignee of Dinklage. She claimed the right of possession under a chattel mortgage executed by Dinklage on March 2, 1889, but which was not recorded until August 5, 1889, the day on which Dinklage made an assignment.
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Brrov from JBowbon District Gow't. Elizabeth Jenkins brought this action to recover the possession of a stock of merchandise, together with some fixtures and tools, against Wm. F. Dinklage, and A. D. Jones, the assignee of Dinklage. She claimed the right of possession under a chattel mortgage executed by Dinklage on March 2, 1889, but which was not recorded until August 5, 1889, the day on which Dinklage made an assignment. Jones was appointed by Dinklage as temporary assignee, and afterward the creditors met and elected E. J. Chapin as the permanent assignee, who thereafter filed an answer,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
1. Replevin-demand-practice. The first point presented for decision is, that a demand was á prerequisite to the maintenance of the action, and that none was made. Proof of demand and refusal was not required. The findings show that the claim of title by the assignee was wholly inconsistent with the right of possession claimed by Jenkins. It appears that he knew all about the Jenkins mortgage, and that, after the assignment was made, an agent of hers complained of the action of the assignee, and then told him that Jenkins wanted the…
2Cases cited8 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Leser v. GlaserSupreme Court of Kansas · 1884
- Schaller v. WrightSupreme Court of Iowa · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ackerson v. National Zinc Co.Supreme Court of Kansas · 1915
- Watson v. HoldenSupreme Court of Kansas · 1897
- Withrow v. Citizens Bank of Kansas CitySupreme Court of Kansas · 1895
- Marshall v. Van De MarkSupreme Court of Kansas · 1896
- Ranney-Alton Mercantile Co. v. WatsonSupreme Court of Oklahoma · 1901
10 more not listed; retrieve them via the Exa API.