Clement, Bane & Co. v. Hartzell
Supreme Court of Kansas
Error from Chautauqua District Court. Hon. M. Q. Troup, Judge. The evidence tended to show that E. S. Latsbaugb, who was engaged in trade in his own building at Sedan, became indebted to the Sedan National Bank upon promissory notes amounting to $3,300, to secure which, on November 20, 1891, he executed a chattel mortgage on his entire stock of goods ; but this mortgage was not filed for record until January 20, 1892. After the execution of said mortgage, Latsbaugh became…
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Error from Chautauqua District Court. Hon. M. Q. Troup, Judge. The evidence tended to show that E. S. Latsbaugb, who was engaged in trade in his own building at Sedan, became indebted to the Sedan National Bank upon promissory notes amounting to $3,300, to secure which, on November 20, 1891, he executed a chattel mortgage on his entire stock of goods ; but this mortgage was not filed for record until January 20, 1892. After the execution of said mortgage, Latsbaugh became further indebted to said bank in the sum of $150 evidenced by two promissory notes of $75 each. He was indebted to the…
1Opinion of the CourtMartin, C. J.
*4871. Mortgage not fraudulent because property worth more than debt. *486I. The finding of the Court being general in favor of the defendant, the judgment based thereon must be affirmed if there is any evidence in the record fairly tending to impeach the validity of the mortgage executed by Latsbaugh to Clement, Bane & Co. ; otherwise it must be reversed. Counsel *487for the plaintiffs argue at length that the value of the property securing their claim was not excessive, and even if so, the validity of their chattel mortgage would not be affected by reason thereof. Counsel for defendant say that the…
2Cases cited12 opinions
- Wallach v. WylieSupreme Court of Kansas · 1882
- Tully v. HarloeCalifornia Supreme Court · 1868
- Berry v. O'ConnorSupreme Court of Minnesota · 1884
- Rathbone v. BoydSupreme Court of Kansas · 1883
- Grand Island Banking Co. v. CostelloNebraska Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- Gate City National Bank v. GreeneSupreme Court of Kansas · 1918
- Mercantile Exchange Bank v. TaylorSupreme Court of Florida · 1906
- Smith-McCord Dry Goods Co. v. CarsonSupreme Court of Kansas · 1898
- Johnson v. ThompsonSupreme Court of Kansas · 1935