Falk v. Ferd. Heim Brewing Co.
Court of Appeals of Kansas
Error from Wyandotte district court; H. L. Alden, judge. STATEMENT. Dependant in error sued plaintiff in error upon two notes of $1000 and $800, respectively, and two mortgages given to secure the same. The first note and mortgage were given by Charles F. Hahn, and the second by the plaintiff in error and her husband and Hahn. The controversy in this case arises over the second note and mortgage.
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Error from Wyandotte district court; H. L. Alden, judge. STATEMENT. Dependant in error sued plaintiff in error upon two notes of $1000 and $800, respectively, and two mortgages given to secure the same. The first note and mortgage were given by Charles F. Hahn, and the second by the plaintiff in error and her husband and Hahn. The controversy in this case arises over the second note and mortgage. By the answer of the Falks, who owned the property at the time the second' mortgage was made, they say that, theretofore, Joseph Heim, the vice-president of the defendant in error, sent for Rhinehart…
1Opinion of the Court
The opinion of the court was delivered by
Mahan, P. J. :
From the record, it appears that the view the district judge took of the case was that, inasmuch as it appeared from the evidence that the building itself cost $800, and that all the money furnished at that particular time was put in the building, therefore there was a lawful part of the contract to be enforced. The evidence sustained the allegations of the petition, at least prima facie. It disclosed a deliberate arrangement on the part of the plaintiff brewing company to establish in the state of Kansas, in violation of law, a business…
2Cases cited4 opinions
- Wallach v. WylieSupreme Court of Kansas · 1882
- McBratney v. ChandlerSupreme Court of Kansas · 1879
- Gerlach v. SkinnerSupreme Court of Kansas · 1885
- Korman v. HenrySupreme Court of Kansas · 1884
3Cited by3 opinions
- Coppedge v. M. K. Goetz Brewing Co.Supreme Court of Kansas · 1903
- Falk v. Ferd. Heim Brewing Co.Supreme Court of Kansas · 1903
- Mathias v. DickersonSupreme Court of Kansas · 1956