Smith v. McCarthy
Supreme Court of Kansas
Error from Atohison District Court. This was an action by Frank McCarthy against Mary Smith, to recover the sum of $350. The allegations .of the petition are as follows: “The plaintiff avers that on the first day of October, 1885, one Jerry McCarthy, being at that time indebted to this plaintiff in the sum of nine hundred and twenty-five dollars, made, executed and delivered to the plaintiff his certain chattel mortgage in writing, a copy of which, with all the indorsements…
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Error from Atohison District Court. This was an action by Frank McCarthy against Mary Smith, to recover the sum of $350. The allegations .of the petition are as follows: “The plaintiff avers that on the first day of October, 1885, one Jerry McCarthy, being at that time indebted to this plaintiff in the sum of nine hundred and twenty-five dollars, made, executed and delivered to the plaintiff his certain chattel mortgage in writing, a copy of which, with all the indorsements thereon, is attached hereto, marked ‘Exhibit A/ and made a part of this petition; that said chattel mortgage was…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
*3111. Pleadings— waiver of tort; action on contract. 2. Action on contract, not tort. *310The chief ground upon which a reversal of the judgment is asked, is the exclusion of the evidence which was offered to prove the several demands of Mary Smith, alleged as set-offs against the plaintiff’s petition. Both parties *311claimed a special ownership in the hogs — the value of which is in controversy here — under chattel mortgages alleged to have been executed about the same time; but it seems to be conceded that the mortgage given to Frank McCarthy is…
2Cases cited4 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Gardner v. RisherSupreme Court of Kansas · 1886
- St. Louis, Fort Scott & Wichita Railroad v. ChenaultSupreme Court of Kansas · 1886
3Cited by28 opinions
- Ablah v. EymanSupreme Court of Kansas · 1961
- Challis v. HartloffSupreme Court of Kansas · 1933
- Douglass v. LoftusSupreme Court of Kansas · 1911
- Ireland v. WaymireSupreme Court of Kansas · 1920
- MacKey-woodard, Inc. v. Citizens State BankSupreme Court of Kansas · 1966
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