Burgett v. Barrick
Supreme Court of Kansas
Error from, Linn District Court. EepleyiN for two horses, brought by Burgett against Bar-rich. Plaintiff alleged ownership, and set up a chattel mortgage on the property sought to be replevied, given by the defendant to one Thomas Bettes, and a note of $99 for which the mortgage was given as security; that the note and mortgage were dated July 30, 1879, payable twelve months after date; that Thomas Bettes assigned the note and mortgage to plaintiff, and that the note was due…
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Error from, Linn District Court. EepleyiN for two horses, brought by Burgett against Bar-rich. Plaintiff alleged ownership, and set up a chattel mortgage on the property sought to be replevied, given by the defendant to one Thomas Bettes, and a note of $99 for which the mortgage was given as security; that the note and mortgage were dated July 30, 1879, payable twelve months after date; that Thomas Bettes assigned the note and mortgage to plaintiff, and that the note was due and unpaid; that demand had been made for the property, which was refused by defendant; that the plaintiff deemed…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
As the defendant was a minor at the execution of the note and mortgage set forth in plaintiff’s petition, and had not reached his majority at the trial of the action, and as no claim is made of any misrepresentation as to his minority, the principal question for determination is in regard to the charge of the court to the jury. It involves *530an interpretation of §3, ch. 67, p. 553, Comp. Laws 1879'. The section reads as follows:
“No contract can be thus disaffirmed in cases where, on account of the minor’s own misrepresentations as to his…
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- National Rifle Association v. Commissioner, Florida Department of Law EnforcementCourt of Appeals for the Eleventh Circuit · 2023
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