Kansas Midland Railway Co. v. Brehm
Supreme Court of Kansas
Error from Meno District Court. Action by Brehm against the Kansas Midland Mailway' Company to recover certain damages. Judgment for plaintiff. The defendant brings the case here. The opinion herein, filed March 9, 1895, states the material facts. 1. An action cannot be maintained by Brehm upon any of these claims, for the reason that the same are not assignable. Such a claim was not assignable at common law, and is not assignable under §26 of the civil code.
Read the full summary
Error from Meno District Court. Action by Brehm against the Kansas Midland Mailway' Company to recover certain damages. Judgment for plaintiff. The defendant brings the case here. The opinion herein, filed March 9, 1895, states the material facts. 1. An action cannot be maintained by Brehm upon any of these claims, for the reason that the same are not assignable. Such a claim was not assignable at common law, and is not assignable under §26 of the civil code. See MeCrum v. Corby, 11 Kas. 464; 2 Story, Eq. Jur., §§ 1040A, 1049. It will be seen that courts of equity refuse to recognize…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action brought by John M. Brehm against the Kansas Midland Railway Company and the Kansas Construction and Improvement Company to recover damages alleged to have been suffered by nine other parties through the negligent escape of fire from the locomotives of the defendants below, which, it is averred, burnt up and destroyed hay and other property belonging to those parties. These claims for damages were assigned to Brehm. Two of them appear to have been- assigned to and purchased by him outright for a specific consideration,…
2Cases cited4 opinions
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- McCrum v. CorbySupreme Court of Kansas · 1873
- Challiss v. WylieSupreme Court of Kansas · 1886
- Smith v. New York & New Haven Rail RoadNew York Supreme Court · 1858
3Cited by26 opinions
- Kansas City, M. & O. Ry. Co. v. ShuttSupreme Court of Oklahoma · 1909
- City of New York Insurance v. TiceSupreme Court of Kansas · 1944
- MacLeod v. StelleIdaho Supreme Court · 1926
- Rosecrans v. William S. Lozier, Inc.Court of Appeals for the Eighth Circuit · 1944
- Minnetonka Oil Co. v. Cleveland Vitrified Brick Co.Supreme Court of Oklahoma · 1910
21 more not listed; retrieve them via the Exa API.