Wichita Motors Co. v. United Warehouse Co.

The opinion of the court was delivered by

Dawson, J.:

This was an action in replevin to recover possession of three motor trucks or their value.

Briefly the facts were these: Plaintiff, a Texas corporation, had three large motor trucks in Wichita for sale. One C. D. Shamel was plaintiff’s Wichita salesman. He sued the plaintiff, his employer, in Sedgwick county, and on publication service obtained judgment by default. He caused an execution to issue, under which the trucks were levied upon and sold to Shamel, and he placed them in storage with the United Warehouse Company and then borrowed from…