Mannen v. Bailey
Supreme Court of Kansas
Error from Wilson District Court The nature of the action and the facts are fully stated in the opinion. Plaintiff Bailey had judgment, and defendant Mannen comes to this court. 1. An insolvent partnership cannot legally appropriate the firm property by mortgage to the payment of the antecedent debt of one of the members.
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Error from Wilson District Court The nature of the action and the facts are fully stated in the opinion. Plaintiff Bailey had judgment, and defendant Mannen comes to this court. 1. An insolvent partnership cannot legally appropriate the firm property by mortgage to the payment of the antecedent debt of one of the members. We find no fault with the opinion of our supreme court as expressed in Woodmansie v. Holcomb, 34 Kas. 35, so far as the powers of a solvent partnership are concerned. But when the partnership is confessedly insolvent, as in the case at bar, and when the entire assets of the…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action was brought by Bailey against Mauuen to recover the value of certain goods which had been levied on by Mannen, as sheriff, and which Bailey claimed as mortgagee of the firm of C. A. Dunakin & Co., which was a partnership composed of C. A. Dunakin and A. N. Dunakin. The business of the firm was carried on at Fredonia, under the personal supervision of A. N. Dunakin, under an agreement, by the terms of which C. A. Dunakin was to furnish the capital, and A. N. Dunakin was to have what is denominated a working interest — to bear half…
2Cases cited10 opinions
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887
- Fisher v. SyfersIndiana Supreme Court · 1887
- Ransom v. Van DeventerNew York Supreme Court · 1863
- Burtus v. TisdallNew York Supreme Court · 1848
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3Cited by3 opinions
- Westgate State Bank v. ClarkSupreme Court of Kansas · 1982
- Garden National Bank v. CadaCourt of Appeals of Kansas · 1986
- Anderson v. Montgomery County National BankSupreme Court of Kansas · 1902