Hall v. Draper
Supreme Court of Kansas
Error from McPherson District Court. Replevin, brought by Hall and two others, partners as Hall, Waite & Co., against Draper and wife, to recover a Smith American organ, originally delivered by plaintiffs to one Leveridge upon a conditional sale to him. Defendants claimed title in themselves, under a pretended sale made by Leveridge. Trial at May Term 1877, of the district court.
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Error from McPherson District Court. Replevin, brought by Hall and two others, partners as Hall, Waite & Co., against Draper and wife, to recover a Smith American organ, originally delivered by plaintiffs to one Leveridge upon a conditional sale to him. Defendants claimed title in themselves, under a pretended sale made by Leveridge. Trial at May Term 1877, of the district court. Yer-dict and judgment for defendants, and plaintiffs bring the case here. contended, that the1 only right or interest Leveridge had in the organ was, to take it into his possession and keep it at Holden. This organ…
1Opinion of the Court
*139The opinion of the court was delivered by
Brewer, J.:
The facts in the case are briefly as follows: On the 14th of September 1875, one B. F. Leveridge, who then resided at Holden, Butler county, in this state, purchased of the plaintiffs in error a certain organ which was the subject-matter of the replevin suit in the court below, and Leveridge gave to his vendors a certain note and contract when he took possession of the organ. Such note is as follows:
$200. Holden, Sept. 14th, 1875.
One year after date, I promise to pay to the order of Hall, Waite & Co., two hundred dollars, on presentation of…
2Cited by6 opinions
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- National Cash Register Co. v. PfeiferSupreme Court of Kansas · 1939
- Cleary v. MorsonMississippi Supreme Court · 1908
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