Rock Island Lumber & Manufacturing Co. v. Equitable Trust & Investment Co.
Supreme Court of Kansas
Error from Sedgwiok Court of Common Pleas. Action by the Eumber & Manufacturing Company against D.W. Aaron on a promissory note, in which there was a judgment for plaintiff, and the Trust & Investment Company and James H. Lynch were summoned as garnishees. There were judgments against the garnishees for part only of the amounts claimed by plaintiff to be due defendant, and plaintiff brings error.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This controversy arises upon the garnishment of a fund derived from a loan upon real estate, and which was set apart for the specific purpose of constructing a building on such real estate. I). W. Aaron, who was the owner of a lot in the city of Wichita, applied to the Equitable Trust & Investment Company for a loan of $8,000, in which application he represented that he was the owner of the property, and that there were no liens or claims against it. The application was accepted, and an agreement was made by which Aaron was to construct a…
2Cited by8 opinions
- Hall v. Kansas City Terra Cotta Co.Supreme Court of Kansas · 1916
- Jacobs v. ColcordSupreme Court of Oklahoma · 1929
- Winterscheidt v. WinterscheidtSupreme Court of Kansas · 1922
- R. T. Davis Mill Co. v. BangsCourt of Appeals of Kansas · 1897
- Jewell v. SchellSupreme Court of Kansas · 1918
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