Legal Opinion

Patrick v. Eells

Supreme Court of Kansas

Decided July 15, 1883PublishedCited by 4 opinions

Error from Wyandotte District Court. The Kansas rolling mill company was incorporated under the laws of Kansas in 1875, and owned and operated a rolling mill at Rosedale, in Wyandotte county, in this state.

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Error from Wyandotte District Court. The Kansas rolling mill company was incorporated under the laws of Kansas in 1875, and owned and operated a rolling mill at Rosedale, in Wyandotte county, in this state. On May 15, 1879, the company issued one hundred bonds of one thousand dollars each, payable twenty years after date, with interest at the rate of seven per cent, per annum, payable semi-annually, according to the coupons with the bonds, and also secured payment thereof by deed of trust, in the nature of a mortgage of the same date, conveying to Dan. P. Eetts and Wallace Pratt, as trustees,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an application on the part of the plaintiff in error, as receiver of the Kansas rolling mill company, to be made a party defendant in an action pending in the district court of Wyandotte county, entitled Dan. P. *686Eells and Wallace Pratt, as trustees, against the Kansas rolling mill company, to foreclose a mortgage upon a large amount of property belonging to the company, and for leave to file an answer alleging that the mortgages and bonds described in the petition were made without consideration, and for the purpose of defrauding…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
  2. Meredith Village Savings Bank v. SimpsonSupreme Court of Kansas · 1879

3Cited by4 opinions

  1. St. Louis, Cape Girardeau & Fort Smith Railway Co. v. HolladaySupreme Court of Missouri · 1895
  2. Stephens v. Augusta Telephone & Electric Co.Supreme Court of Georgia · 1904
  3. Kelley v. Union Pacific Railway Co.Supreme Court of Kansas · 1897
  4. State Bank v. McElroySupreme Court of Iowa · 1898

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