Smith-McCord Dry Goods Co. v. Carson
Supreme Court of Kansas
Error from Lyon District Court. W. A. Randolph, Judge. The plaintiff in error brought suit in the District Court of Chase County against the defendants in error, alleging that, while insolvent, the defendant George B. Carson, a merchant at Cottonwood Falls, executed an instrument in writing of which the following is a copy: “ This agreement, made this 6th day of June, 1895, by and between Geo.
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Error from Lyon District Court. W. A. Randolph, Judge. The plaintiff in error brought suit in the District Court of Chase County against the defendants in error, alleging that, while insolvent, the defendant George B. Carson, a merchant at Cottonwood Falls, executed an instrument in writing of which the following is a copy: “ This agreement, made this 6th day of June, 1895, by and between Geo. B. Carson, party of the first part, and W. A. Morgan, R. B. Evans and John McCaskill, parties of the second part, witnesseth • “That for and in consideration of the covenants and agreements hereinafter…
1Opinion of the CourtAllen, J.
What is the legal import of the instrument above copied ? This is the only question in the case. There is an averment in the petition charging that all demands mentioned in the schedule, except that of John Y. Farwell & Go., were fraudulent, fictitious, *298feigned and void, but, as the plaintiff claims under the instrument itself, this averment is immaterial. The plaintiff cannot at the same time attack the transfer for fraud and claim rights under it. Unless the transfer was valid, the plaintiff’s action necessarily fails. Counsel for the plaintiff in error, however, make no claim on the charge…
2Cases cited5 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Avery v. EastesSupreme Court of Kansas · 1877
- J. W. Brigham & Co. v. Jones & EverettsSupreme Court of Kansas · 1892
- Clement, Bane & Co. v. HartzellSupreme Court of Kansas · 1896
- Becker v. RardinSupreme Court of Missouri · 1891
3Cited by2 opinions
- Woodard v. MorrisseySupreme Court of Kansas · 1924
- Bertenshaw v. KoenekeSupreme Court of Kansas · 1924