Farmer v. Marvin
Supreme Court of Kansas
Error from Labette district court; A. H. Skidmore, judge. STATEMENT. • One D. O. Marvin, being indebted to plaintiff in error in the sum of $600, executed his promissory note, secured by chattel mortgage upon property probably owned by the deceased, H. C. Marvin, his father.
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Error from Labette district court; A. H. Skidmore, judge. STATEMENT. • One D. O. Marvin, being indebted to plaintiff in error in the sum of $600, executed his promissory note, secured by chattel mortgage upon property probably owned by the deceased, H. C. Marvin, his father. This note matured March 1, 1893. Plaintiff in error, having learned that a portion of the property mortgaged had been sold, and that D. C. Marvin was probably not the owner of the chattels at the time of the execution of the mortgage, proceeded to investigate the matter .and to collect the note at its maturity. In company…
1Opinion of the Court
The opinion of the court was delivered by
Pollock, J.:
The sole question for our determinaupon this record is, Does the promissory note in question constitute a valid demand against the estate of the deceased ?
Leroy Neale, the attorney, was the agent of the deceased for the purpose of making the deposit of papers in the bank, and for the purpose of instructing the bank as to the disposition of the same. There his agency terminated.. The bank was the agent of both plaintiff in error and deceased. The scope of this agency was distinctly defined and limited by the written, instructions delivered…
2Cases cited1 opinion
- Ware v. AllenSupreme Court of the United States · 1888
3Cited by2 opinions
- Vogel v. Missouri Valley Steel, Inc.Supreme Court of Kansas · 1981
- State v. DickensSupreme Court of Kansas · 1974