Legal Opinion

Richolson v. Freeman

Supreme Court of Kansas

Decided February 8, 1896No. 8022PublishedCited by 17 opinions

Error from Elk District Court. C. W. Canoose, being the owner of a stock of goods at Longton, Kan., on April 2, 1889, made a bill of sale thereof to L. A. Freeman, the defendant in error. Canoose was indebted in a considerable sum on said goods, and on April 4, 1889, several suits were commenced against Mm on the claims, and orders of attachment were levied on the stock by Oley Richolson, as sheriff of Elk county.

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Error from Elk District Court. C. W. Canoose, being the owner of a stock of goods at Longton, Kan., on April 2, 1889, made a bill of sale thereof to L. A. Freeman, the defendant in error. Canoose was indebted in a considerable sum on said goods, and on April 4, 1889, several suits were commenced against Mm on the claims, and orders of attachment were levied on the stock by Oley Richolson, as sheriff of Elk county. On April 12, Freeman replevied the goods from the sheriff, who gave a redelivery bond, and the property was returned to him, and afterward sold as upon execution by order of the…

1Opinion of the Court

The opinion of the court was delivered by

Martin, 0. J.: I. It is evident, from the remarks of the trial judge,- that the verdict did not meet with the approval of the court and it should have been set aside and a new trial granted, although there had been three prior disagreements. (K. C. W. & N. W. Rld. Co. v. Ryan, 49 Kan. 1, 3, 4, 12, 13, and cases cited.)

II. Upon Freeman’s examination in chief as a witness in his own behalf, he was asked the following question: ‘' Had you any knowledge or notice that Mr. Canoose was selling this stock of goods with intent to hinder, delay and defraud his…

2Cases cited4 opinions

  1. Kansas City, Wyandotte & Northwestern Railroad v. RyanSupreme Court of Kansas · 1892
  2. Baughman v. PennSupreme Court of Kansas · 1885
  3. Bush v. CollinsSupreme Court of Kansas · 1886
  4. Gentry v. KelleySupreme Court of Kansas · 1892

3Cited by17 opinions

  1. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  2. Atchison, Topeka & Santa Fe Railroad v. MatthewsSupreme Court of Kansas · 1897
  3. Nicholas v. LathamSupreme Court of Kansas · 1956
  4. Tampa Water Works Co. v. MuggeSupreme Court of Florida · 1910
  5. Yard v. GibbonsSupreme Court of Kansas · 1915

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