McCormick Harvesting Machine Co. v. Fisher
Supreme Court of Kansas
Error from Osage district court; William Thomson, judge. STATEMENT. This case is a continuation of Frankhouser v. Fisher, 54 Kan. 738, 39 Pac. 705, with some changes as to parties and issues. The McCormick Company had a judgment against the Neallys. W. L. Neally had made an agreement which this court, in the case just cited, held to be a chattel motgage, by which he agreed to crib for Fisher & Enderton 2000 bushels of corn on Neally’s place.
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Error from Osage district court; William Thomson, judge. STATEMENT. This case is a continuation of Frankhouser v. Fisher, 54 Kan. 738, 39 Pac. 705, with some changes as to parties and issues. The McCormick Company had a judgment against the Neallys. W. L. Neally had made an agreement which this court, in the case just cited, held to be a chattel motgage, by which he agreed to crib for Fisher & Enderton 2000 bushels of corn on Neally’s place. The corn was cribbed, but as this court held no delivery was made it still remained in Neally’s possession, when the McCormick Company got out an…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J. :
It is doubtless true that the court below dismissed the original action because the plaintiffs therein did not prosecute it. Such is the allegation of the petition, and upon demurrer it must be taken as true. As to plaintiff’s right to sue on the bond as assignee, reference is made to Norton v. Lawrence, 39 Kan. 458, 18 Pac. 526. The parties signing the replevin bond bound themselves to prosecute the action to final judgment, and they could not dismiss it (Bank v. Morse, 60 Kan. 530, 57 Pac. 115) or suffer it to be dismissed for want of…
2Cases cited2 opinions
- Citizens' State Bank v. MorseSupreme Court of Kansas · 1899
- Norton v. LawrenceSupreme Court of Kansas · 1888
3Cited by2 opinions
- Prather v. JohnsonSupreme Court of Kansas · 1949
- Denton v. DanielsSupreme Court of Kansas · 1904