Bradley, Wheeler & Co. v. Borin
Supreme Court of Kansas
Error from Rooks District Court. ON December 21, 1887, Frank Borin filed his petition in ■.the district court of Rooks county to recover of Bradley, Wheeler & Co. and the First National Bank of Stockton, in this state, $1,800, for the alleged wrongful and malicious levy of an attachment writ upon property of Borin, to secure and satisfy a debt from Borin to' Bradley, Wheeler & Co. One defense pleaded by Bradley, Wheeler & Co. in that action was a set-off in the sum of…
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Error from Rooks District Court. ON December 21, 1887, Frank Borin filed his petition in ■.the district court of Rooks county to recover of Bradley, Wheeler & Co. and the First National Bank of Stockton, in this state, $1,800, for the alleged wrongful and malicious levy of an attachment writ upon property of Borin, to secure and satisfy a debt from Borin to' Bradley, Wheeler & Co. One defense pleaded by Bradley, Wheeler & Co. in that action was a set-off in the sum of $659.57, due from Borin to the company at the time it filed its answer. Trial by jury. The jury made special findings of fact,…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
On account of the levy and attachment upon his property, the jury allowed the plaintiff below $200 as loss of profits on the sale of his goods, and $240.41 for depression of business. These separate amounts for damages are really for loss of profits. Nothing seems to have been allowed for injury to the credit of the plaintiff below. The evidence shows that Borin, a few weeks prior to the levy of the attachment, transferred his implement and livery business to Elmer Preston, one of his clerks. He gave notice through the newspapers of his…
2Cited by3 opinions
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Kilbourne v. McAllisterSupreme Court of Oklahoma · 1936
- Harper v. CoxSupreme Court of Kansas · 1928