King v. Sutton
Supreme Court of Kansas
Error from Franklin District Court. This action was tried at the October term, 1887, of the district court, without a jury.
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Error from Franklin District Court. This action was tried at the October term, 1887, of the district court, without a jury. The court made the following findings of fact and conclusions of law: “On September 26, 1886, the defendants, A. J. Sutton and E. A. Lusk, were carrying on a general mercantile business in Williamsburg, Kansas, and were indebted to the plaintiffs in the sum of $798.85. On that day the firm dissolved by Lusk taking the business house in which the business was conducted, and Sutton taking the stock of goods; the building was worth about $3,500, and the stock about $7,000,…
1Opinion of the Court
Opinion by
Holt, C.:
The court, in its third conclusion of law, stated that equity demanded that the amount paid plaintiffs on the chattel mortgages should have been applied in liquidation of the partnership debts. The mortgages were executed by Sutton several months after the dissolution of the partnership, and upon his stock of merchandise as it then existed ; how much of that stock had formerly belonged to the firm, is not stated. It is certain, from the findings, that Sutton had made additions to it by purchases of goods after the dissolution in September. Of the firm’s debts, $256 which…
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