First National Bank v. Grimes
Supreme Court of Kansas
Error from Meade District Court. The opinion states the facts. 1. The introduction of any evidence in regard to the sale by one Mike O’Meara to Theo. C. Baxter of a small bay horse, which was not one of the horses in question, and which -is not shown to have had any connection with the case, is the first error complained of. The testimony of Theo.
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Error from Meade District Court. The opinion states the facts. 1. The introduction of any evidence in regard to the sale by one Mike O’Meara to Theo. C. Baxter of a small bay horse, which was not one of the horses in question, and which -is not shown to have had any connection with the case, is the first error complained of. The testimony of Theo. C. Baxter shows that he purchased the horse from one Mike O’Meara, for which he paid the sum of $25; but there is no evidence in the case-made, either from Mr. Baxter or from any one else, showing that this sale by O’Meara was made for the bank, or…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action of replevin for the recovery of two horses owned by W. T. Grimes. He claims to be entitled to the possession of the horses, and he avers that the First National Bank of Meade Center took possession of them without right, and is wrongfully detaining them *221from him. The bank admits the taking of the horses, but contends that it was entitled to their possession under and by virtue of a chattel mortgage given to secure the payment of a note for $178.40, which on its face drew interest at 12 per cent, per annum, executed by…
2Cases cited2 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Driesbach v. National BankSupreme Court of the United States · 1881
3Cited by4 opinions
- First National Bank v. TurnerCourt of Appeals of Kansas · 1895
- McCarthy v. First National Bank of Rapid CitySouth Dakota Supreme Court · 1909
- Parkhurst v. First National BankSupreme Court of Kansas · 1894
- Shafer v. First National BankSupreme Court of Kansas · 1894