J. W. Brigham & Co. v. Jones & Everetts
Supreme Court of Kansas
Error from Lyon District Court. J. W. Brigham & Co. recovered a judgment against Jones & Everetts, and garnished D. W. Eastman to recover certain property belonging to the defendants. From a judgment rendered April 29, 1889, discharging the garnishee, who claimed the property as trustee under a written instrument, the plaintiffs brought the case to this court.
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Error from Lyon District Court. J. W. Brigham & Co. recovered a judgment against Jones & Everetts, and garnished D. W. Eastman to recover certain property belonging to the defendants. From a judgment rendered April 29, 1889, discharging the garnishee, who claimed the property as trustee under a written instrument, the plaintiffs brought the case to this court. At the session in March, 1892, it was decided, and there was filed herein an opinion, (syllabus and opinion by Simpson, C.,) recommending that the case be reversed, and remanded to the court below for further proceedings. By the court…
1Per curiam
A reconsideration of the former decision is asked by both parties. It is insisted in behalf of Eastman, the trustee named by Jones & Everetts, that the instrument *164under which he took possession and disposed of a portion of the stock of goods is a chattel mortgage, while the opposite party contends that it is a general assignment. If it is a valid mortgage, Eastman is not chargeable as garnishee, and the order discharging him as such should be sustained. If it is to be treated as an assignment, and a valid one, a like result must follow, and it must also be held that the application for a…
2Cases cited1 opinion
- Watkins National Bank v. SandsSupreme Court of Kansas · 1892
3Cited by7 opinions
- Citizens' Bank v. BrighamSupreme Court of Kansas · 1900
- Chapin v. JenkinsSupreme Court of Kansas · 1893
- Withrow v. Citizens Bank of Kansas CitySupreme Court of Kansas · 1895
- Smith-McCord Dry Goods Co. v. CarsonSupreme Court of Kansas · 1898
- Woodard v. MorrisseySupreme Court of Kansas · 1924
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