Legal Opinion

Withrow v. Citizens Bank of Kansas City

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 5 opinions

Error from Wyandotte District Court. Action by the Bank against Withrow, as assignee, and others. From the judgment rendered, the defendant assignee brings error. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Aluek, J.:

So much of the facts as are necessary to an understanding of the point decided by this court are as follows : On the 11th day of December, 1889, John Beaton, one of the defendants, executed a chattel mortgage to the Citizens Bank of Kansas City, Kas., on a stock of merchandise in Kansas City, Kas., to secure the payment of $4,200 and interest. This mortgage was not recorded until December 16. On the 14th of the same month, after the execution but prior to the recording of the chattel mortgage, Beaton made a general assignment for the benefit…

2Cases cited2 opinions

  1. Chapin v. JenkinsSupreme Court of Kansas · 1893
  2. J. W. Brigham & Co. v. Jones & EverettsSupreme Court of Kansas · 1892

3Cited by5 opinions

  1. Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
  2. First National Bank of Rock Springs v. LudvigsenWyoming Supreme Court · 1899
  3. In re Fish Bros. Wagon Co.Court of Appeals for the Eighth Circuit · 1908
  4. Estate of Kastner v. Norway State BankSupreme Court of Kansas · 1923
  5. Hoffman v. YoeCourt of Appeals of Kansas · 1899

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