Kansas City Live Stock Commission Co. v. Bank of Hamlin
Supreme Court of Kansas
Error from Brown district court; William I. Stuart, judge.. STATEMENT. Amos Moore, of Brown county, was indebted to several parties, among whom were the Kansas City Live Stock Commission Company and the Bank of Hamlin. The debt due the bank was evidenced by four promissory notes, aggregating the sum of $219.43. The notes became due August 10, 1906, September 14, 1906, and October 10, 1906, respectively. This indebtedness was unsecured.
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Error from Brown district court; William I. Stuart, judge.. STATEMENT. Amos Moore, of Brown county, was indebted to several parties, among whom were the Kansas City Live Stock Commission Company and the Bank of Hamlin. The debt due the bank was evidenced by four promissory notes, aggregating the sum of $219.43. The notes became due August 10, 1906, September 14, 1906, and October 10, 1906, respectively. This indebtedness was unsecured. Amos Moore was unable to pay, and absconded. The bank, on November 17, commenced an action against Moore in the district court of Brown county to recover…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The only question presented is whether or not the holder of a chattel mortgage can proceed, by attachment to collect his debt without waiving the mortgage security.
It is elementary that two remedies which are inconsistent with each other can not be invoked at the same time. (7 Encyc. Pl. & Pr. 364; 15 Cyc. 262; Plow Co. v. Rodgers, 53 Kan. 743, 37 Pac. 111, 42 Am. St. Rep. 317; City of Larned v. Jordan, 55 Kan. 124, 39 Pac. 1030; National Bank v. National Bank, 57 Kan. 115, 45 Pac. 79; Bank v. Haskell County, 61 Kan. 785, 60 Pac. 1062.) It…
2Cases cited10 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Bunch v. GraveIndiana Supreme Court · 1887
- Crossman v. Universal Rubber Co.New York Court of Appeals · 1891
- Moline Plow Co. v. RodgersSupreme Court of Kansas · 1894
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hearing v. Citizens Band & Trust Co.Court of Special Appeals of Maryland · 1974
- Ireland v. WaymireSupreme Court of Kansas · 1920
- American Trust Co. v. W. S. Doig, Inc.Court of Appeals for the Fourth Circuit · 1928
- Jesse Et Ux. v. Birchell Et Ux.Oregon Supreme Court · 1953
- First National Bank v. LivingoodSupreme Court of Kansas · 1910
2 more not listed; retrieve them via the Exa API.