Buckingham v. Dake
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. This was an action in replevin Instituted by A. C. Dake and E. A. Keeler, the defendants in error, against E. J. Buckingham, plaintiff in error, to recover possession of 311 head of three year old steers.
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In Error to the Circuit Court of the United States for the District of Kansas. This was an action in replevin Instituted by A. C. Dake and E. A. Keeler, the defendants in error, against E. J. Buckingham, plaintiff in error, to recover possession of 311 head of three year old steers. The plaintiff below claimed title to the steers by reason of a chattel mortgage executed by one Gillett on November 18, 1898, to secure the payment of a certain negotiable promissory note executed by Gillett, of even date with the mortgage, for the sum of $13,000.93. payable December 3, 1898, to the order of…
1Opinion of the CourtAdams, District Judge
The first assignment of error raises the question of jurisdiction. The record discloses that Buckingham was a citizen of Kansas; that two members of the firm of Trower’s Sons, the payees in the note secured by the mortgage, were also citizens of Kansas, and that the plaintiffs, Dake and Keeler, were citizens, of Colorado ; that Trower’s Sons held the note and mortgage in. question until December io, 1898, when the note, duly indorsed by them, with the mortgage securing the payment of the same, was transferred to the plaintiffs ; that, prior to the delivery of the note and mortgage to…
2Cases cited16 opinions
- Bushnell v. KennedySupreme Court of the United States · 1870
- Wilson v. FullerSupreme Court of Kansas · 1872
- Deshler v. DodgeSupreme Court of the United States · 1854
- Burhans v. HutchesonSupreme Court of Kansas · 1881
- Ambler v. EppingerSupreme Court of the United States · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Utah-Nevada Co. v. De LamarCourt of Appeals for the Ninth Circuit · 1904
- Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
- Sheets v. HockerSupreme Court of Oklahoma · 1912
- Schwemer v. Citizen's Loan & Investment Co.Wisconsin Supreme Court · 1937
- State Nat. Bank v. Cudahy Packing Co.U.S. Circuit Court for the District of Western Missouri · 1904
3 more not listed; retrieve them via the Exa API.