Arkansas City Bank v. Swift & Co.
Supreme Court of Kansas
Error from Wyandotte Court of Common Pleas. Son. T. P. Anderson, Judge. The original action was commenced by the Arkansas City Bank against Swift & Company, December 13, 1890, to recover the sum of $6,000 as damages for the wrongful conversion of 229 head of cattle. On October 12, 1892, the Court, having heard the evidence on behalf of the plaintiff, sustained a demurrer thereto- and rendered judgment in favor of the defendant.
Read the full summary
Error from Wyandotte Court of Common Pleas. Son. T. P. Anderson, Judge. The original action was commenced by the Arkansas City Bank against Swift & Company, December 13, 1890, to recover the sum of $6,000 as damages for the wrongful conversion of 229 head of cattle. On October 12, 1892, the Court, having heard the evidence on behalf of the plaintiff, sustained a demurrer thereto- and rendered judgment in favor of the defendant. A new trial being refused the plaintiff prosecutes its petition in error to this Court. The evidence tended to show the following facts: Warren & Irby, of Weatherford,…
1Opinion of the CourtMartin, C. J.
1. Common law pressumed to prevail. I. What code or system of laws must furnish a rule of decision as between these parties as to this property, is the first question suggested. The Territory of Missouri was carved out of the vast expanse known as Louisiana, which was ceded to the United States by France in 1803 and which had been alternately under the sovereignty of France and Spain. The country known as the Indian Territory and Oklahoma was part of the Missouri Territory, and therefore the common law was extended over in 1816 by the act of the territorial Legislature, and so the former…
2Cases cited2 opinions
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- First National Bank of Utah v. KinnerUtah Supreme Court · 1873