Dunlap v. C. Beckes & Son
Supreme Court of Kansas
Error from Chase District Court. Dunlap filed his petition in the district court of Lyon county against the defendants, on February 3, 1876, to recover $691.77 upon two promissory notes. Caleb Beekes and Baxter Beekes were charged in the petition as makers and E. B. Peyton as indorser of the notes.
Read the full summary
Error from Chase District Court. Dunlap filed his petition in the district court of Lyon county against the defendants, on February 3, 1876, to recover $691.77 upon two promissory notes. Caleb Beekes and Baxter Beekes were charged in the petition as makers and E. B. Peyton as indorser of the notes. The notes, executed August 6, 1873, and made payable thirty days from date, were indorsed and transferred to the firm of Riggs, Dunlap & Co. by E. B. Peyton, and afterward indorsed and transferred by Riggs, Dunlap & Co. to the plaintiff, one of the partners. On February 29, 1876, defendants, Caleb…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
There are several questions suggested by counsel in this case, but the only important ones to be determined are, whether the answer of Beckes & Son contained any defense to the petition of the plaintiff, and if it did, whether the trial court erred in its direction to the jury. As the answer charged that Riggs, the assignee of Beckes & Son, together with his partner, the plaintiff, with full knowledge of the trust, appropriated to their own use the trust property, it must be conceded, we think, that for such conversion the firm of Riggs,…
2Cited by1 opinion
- Stratton v. McCandlessSupreme Court of Kansas · 1882