H. A. Pitts' Sons Manufacturing Co. v. Lewis
Supreme Court of Kansas
Error from Pawnee District Court. Action brought by H. A. Pitts’ Sons Mfg. Go. against Perns and wife, upon two promissory notes, and to foreclose a real-estate mortgage given by the defendants to secure the payment thereof. Trial at the September Term, 1882, of the district court, before A. B. J., judge pro tem., and a jury. Verdict for defendants, and judgment for $103.66 costs against the plaintiff, and for the cancellation of the notes and mortgage.
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Error from Pawnee District Court. Action brought by H. A. Pitts’ Sons Mfg. Go. against Perns and wife, upon two promissory notes, and to foreclose a real-estate mortgage given by the defendants to secure the payment thereof. Trial at the September Term, 1882, of the district court, before A. B. J., judge pro tem., and a jury. Verdict for defendants, and judgment for $103.66 costs against the plaintiff, and for the cancellation of the notes and mortgage. The Company brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by '
Brewer, J.:
The facts in this case are as follows: In-July, 1881, plaintiff in error, plaintiff below, sold to Robert A. Lewis, one of the defendants in error, a steam threshing machine for the sum of $1,655. For the payment thereof it took two notes signed -by the defendant Lewis, and secured by chattel mortgage on the property sold, and also a real-estate mortgage executed by both defendants. Upon the maturity of the first note, it not being paid, plaintiff took possession under its chattel mortgage of the personal property mortgaged and sold the.…
2Cases cited1 opinion
- First National Bank v. PeckSupreme Court of Kansas · 1871
3Cited by2 opinions
- Christie v. ScottSupreme Court of Kansas · 1908
- First National Bank v. VaughnSupreme Court of Kansas · 1915