First National Bank of Abilene v. Naill
Supreme Court of Kansas
Error from Dickinson District Court. The First National Bank of Abilene, as plaintiff, brought this action against D. W. Naill, as sheriff of Dickinson county, and Lawrence, Manning & Cushing, to recover the value of a stock of boots, shoes, and other merchandise, claiming under a chattel mortgage executed by M. P. Shearer & Co. on the 4th of June, 1888, to secure a note for $4,444, and alleging the wrongful conversion thereof by the defendants.
Read the full summary
Error from Dickinson District Court. The First National Bank of Abilene, as plaintiff, brought this action against D. W. Naill, as sheriff of Dickinson county, and Lawrence, Manning & Cushing, to recover the value of a stock of boots, shoes, and other merchandise, claiming under a chattel mortgage executed by M. P. Shearer & Co. on the 4th of June, 1888, to secure a note for $4,444, and alleging the wrongful conversion thereof by the defendants. Defendant Naill answered, alleging that the mortgage to plaintiff was given to defraud, hinder and delay the creditors of M. P. Shearer & Co., and…
1Opinion of the Court
*215The opinion of the court was delivered by
Allen, J.:
J' mortgage vSSent. In order to uphold the judgment in this case under the issues, tried, it must appear either that the plaintiff’s mortgage was made for the purpose of hindering, delaying or defrauding other creditors of M. P. Shearer & Co., or that the relations of the plaintiff with Lawrence, Manning & Cushing were such as to preclude it from the right to obtain security of its own claim to the exclusion of Lawrence, Manning & Cushing. The jury settled the question as to the validity of plaintiff’s claim by finding that there was an…
2Cases cited1 opinion
- Bliss & Wood v. CouchSupreme Court of Kansas · 1891
3Cited by4 opinions
- McRae v. Farmers State Bank of ReardanWashington Supreme Court · 1934
- Jackson v. First National Bank of El CentroCalifornia Court of Appeal · 1927
- United States National Bank of Omaha v. WesterveltNebraska Supreme Court · 1898
- Johnson v. ThompsonSupreme Court of Kansas · 1935