A. & J. Trounstine & Co. v. Sellers
Supreme Court of Kansas
Error from Franklin District Court. Replevin, brought by A. & J. Trounstine & Co., to recover from A. H. Sellers the possession of a stock of ready-made clothiug of the alleged value of $2,085.20. It was tried at the January Term, 1885, without a jury, and findings of fact and law were made by the court,, which are as follows: “1. The plaintiffs are, and at the date of the several transactions hereinafter referred to were, copartners engaged in carrying on the wholesale…
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Error from Franklin District Court. Replevin, brought by A. & J. Trounstine & Co., to recover from A. H. Sellers the possession of a stock of ready-made clothiug of the alleged value of $2,085.20. It was tried at the January Term, 1885, without a jury, and findings of fact and law were made by the court,, which are as follows: “1. The plaintiffs are, and at the date of the several transactions hereinafter referred to were, copartners engaged in carrying on the wholesale clothing business at Cincinnati, Ohio. At the same time Samuel G. Moore and H. M. Weaver were copartners under the firm-name…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The right of possession to the clothing in controversy depends upon whether the proposition made to the plaintiffs by Moore & Weaver on November 16, 1884, was accepted and became a contract before the execution of the mortgages by Moore & Weaver to their creditors on the 15th day of December, 1884. It appears that the plaintiffs, who were engaged in the wholesale clothing business at Cincinnati, *452Ohio, sold on credit a stock of clothing through one of their agents, to Moore & Weaver, at Ottawa, Kansas. The goods were sold and shipped in the…
2Cases cited7 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Maclay v. HarveyIllinois Supreme Court · 1878
- Crosby v. FitchSupreme Court of Connecticut · 1838
- Martin v. Black's ExecutorsSupreme Court of Alabama · 1852
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- Leszynsky v. MeyerCalifornia Supreme Court · 1898
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