Howard v. Rohlfing & Co.
Supreme Court of Kansas
Error from Ellis District Court. On September 5, 1882, Henry W. Wulfekuhler and Frederick Wulfekuhler, partners as Rohlfing & Go., commenced their action to recover the value of a certain stock of goods alleged to be worth $1,222.28, with interest from January 30, 1882, which the petition stated belonged to John G-. Tracy, of Hays City, but in which the plaintiffs had a special ownership on account of a chattel mortgage given by the said John G. Tracy to them, and filed in…
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Error from Ellis District Court. On September 5, 1882, Henry W. Wulfekuhler and Frederick Wulfekuhler, partners as Rohlfing & Go., commenced their action to recover the value of a certain stock of goods alleged to be worth $1,222.28, with interest from January 30, 1882, which the petition stated belonged to John G-. Tracy, of Hays City, but in which the plaintiffs had a special ownership on account of a chattel mortgage given by the said John G. Tracy to them, and filed in the office of the register of deeds of Ellis county on January 31, 1882, to secure said sum of $1,222.28; and which said…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The issues in this case were submitted to the trial court with the request that it find the facts specifically, and state its conclusions of law thereon. This was done. An exception was properly taken to the conclusions of law, and error is assigned thereon.
The question is, whether upon the findings of fact the case *361of Frankhouser v. Ellett, 22 Kas. 127, or Leser v. Glaser, 32 id. 546, controls. In the former case it was decided that —
“The statute authorizes a stipulation in a chattel mortgage for a retention of possession by the…
2Cases cited1 opinion
- Frankhouser v. EllettSupreme Court of Kansas · 1879
3Cited by5 opinions
- Edelhoff & Rinke v. Horner-Miller Mfg. Co.Court of Appeals of Maryland · 1898
- Ephraim v. KelleherWashington Supreme Court · 1892
- Whitson v. GriffisSupreme Court of Kansas · 1888
- Garrison v. KurtCourt of Appeals for the Eighth Circuit · 1918
- In re BurrowsDistrict Court, D. Indiana · 1877