Atchison, Topeka & Santa Fé Railroad v. Benton
Supreme Court of Kansas
Motion for Rehearing. This case was assigned for hearing at the March sitting of this court for 1889. The case was referred to and heard before the commission; Holt, C., preparing the report. Upon the recommendation of the commission, the judgment of the district court was affirmed.
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Motion for Rehearing. This case was assigned for hearing at the March sitting of this court for 1889. The case was referred to and heard before the commission; Holt, C., preparing the report. Upon the recommendation of the commission, the judgment of the district court was affirmed. The,following is the syllabus of the report: “1. Where a party purchases from another and has transferred to her a contract for the sale of land, made by a railway company, but gives the contract to the party from whom sbe purchased for safe-keeping, as her agent, and he sells and assigns it without her knowledge…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
A reexamination of the pleadings in this case shows that a part of the answer of the railroad company was unintentionally overlooked. The second defense alleges that —
“ There is a defect of parties defendant in said suit, and that A. H. McKee, Walter B. Davis, Andrew Morris and Philip S. Doerr are necessary parties to a final and complete determination of the same, for the reasons set forth in the first count of this answer, which by reference is hereby made a part of this count of the answer.”
It appears from the pleadings that on the 8th…
2Cases cited3 opinions
- Cooke v. BremondTexas Supreme Court · 1864
- Atchison, Topeka & Santa Fé Railroad v. WilhelmSupreme Court of Kansas · 1885
- Anderson Starr & Co. v. HallSupreme Court of North Carolina · 1882
3Cited by5 opinions
- Topeka Water-Supply Co. v. RootSupreme Court of Kansas · 1895
- Vietor v. SpaldingMassachusetts Supreme Judicial Court · 1908
- Florence v. DeBeaumontWashington Supreme Court · 1918
- Beck v. AdamsWyoming Supreme Court · 1946
- Parish v. HedgesCourt of Appeals for the D.C. Circuit · 1909