Hogendobler v. Lyon
Supreme Court of Kansas
Error from Lyon district court. The ease is stated in the opinion. Baker was a necessary party. If the sale was within the scope of his authority, defendants below owned the wagon entire; and in the determination of this question, Baker & Lyon were united in interest. This action is in the nature of trover or replevin, and it is a good defense that the property is in a stranger, or in the plaintiff and another, and there can be no recovery unless that other be joined.
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Error from Lyon district court. The ease is stated in the opinion. Baker was a necessary party. If the sale was within the scope of his authority, defendants below owned the wagon entire; and in the determination of this question, Baker & Lyon were united in interest. This action is in the nature of trover or replevin, and it is a good defense that the property is in a stranger, or in the plaintiff and another, and there can be no recovery unless that other be joined. Phillips v. Towsend, 4 Mo. 101; Penrose v. Green, 1 Mo. 555. Bowman having become a bankrupt, and the action continued as to…
1Opinion of the CourtBrewer, J.
Several questions are in the record, and the first arises on the overruling of a motion to make one Charles S. Baker a party to the action. Said Baker & Lyon, defendants in error, had been partners, and the property converted, a two-horse wagon, partnership property. In December, 1871, the partnership was dissolved bj mutual consent, and in June, 1872, Baker sold and delivered the wagon in controversy to Bowman & Hogendobler. Lyon refused to recognize the sale, and claimed his half interest. We see no neees*223•sily for Baker’s being made a party, or why this controversy could not be and was not…
2Cases cited44 opinions
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Richards v. GrinnellSupreme Court of Iowa · 1884
- Shoemaker v. BrownSupreme Court of Kansas · 1872
- Godfrey v. WhiteMichigan Supreme Court · 1880
- Chittenden v. WitbeckMichigan Supreme Court · 1883
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