Hasie v. Connor
Supreme Court of Kansas
Error from, Cowley Eistrict Court. All the material facts are stated in the opinion. 1. The court erred in instructing that the burden of proving bona fides rested on the plaintiff, and in refusing to instruct that the burden of proving fraud devolved upon-the defendant. See Wait, Fraud. Con., §242; Martin v. Fox, 40 Mo.
Read the full summary
Error from, Cowley Eistrict Court. All the material facts are stated in the opinion. 1. The court erred in instructing that the burden of proving bona fides rested on the plaintiff, and in refusing to instruct that the burden of proving fraud devolved upon-the defendant. See Wait, Fraud. Con., §242; Martin v. Fox, 40 Mo. App. 664; 8mith v. Collins, 10 S. Rep. 334; Austin v. Bowman, 81 Iowa, 257; Allen v. Kirk, 81 id. 658; Lane v. Statt, 1 S. D. 107; Tenbrook v. Brown, 17 Ind. 410; Lininger v. Heron, 18 Neb. 450; Adams v. Ryan, 61 Iowa, 733; Sohultz v. Hoagland, 85 N. Y. 468; Mills v. Hunt, 15…
1Opinion of the Court
The opinion of the court was delivered by
JohNSTON, J.:
A stock of goods was seized upon attachment by the sheriff of Cowley county as the property of M. S. Hasie, with a view of appropriating the same to the payment of the claims of several of the creditors of M. S. Hasie. An action of replevin was soon brought by George E. Hasie, a brother of M. S. Hasie, to recover the same goods. He claimed them upon a mortgage executed November 29,1888, to secure an indebtedness of his brother to him, which had existed for a period of eight months. The debt was evidenced by a note for $12,978.93, given on…
2Cases cited8 opinions
- Owens v. ClarkTexas Supreme Court · 1890
- Phillips v. ReitzSupreme Court of Kansas · 1876
- Cooper v. First National BankSupreme Court of Kansas · 1888
- Worland v. KimberlinCourt of Appeals of Kentucky · 1846
- Gleason v. WilsonSupreme Court of Kansas · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brecheisen v. ClarkSupreme Court of Kansas · 1918
- Frazier v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1916
- Peoples National Bank v. DivenSupreme Court of Kansas · 1932
- Jayhawk Equipment Co. v. MentzerSupreme Court of Kansas · 1964
- New York County National Bank v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.