Frick Co. v. Western Star Milling Co.
Supreme Court of Kansas
Error from, Saline District Court. This was an action brought by the Erich Company against the Western Star Milling Company for the conversion, in September and October, 1888, of 570 bushels of wheat, valued at $500, which the Frick Company claimed under a chattel mortgage dated the 9th of November, 1887, and executed to the Frick Company by Andrew Bachofer.
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Error from, Saline District Court. This was an action brought by the Erich Company against the Western Star Milling Company for the conversion, in September and October, 1888, of 570 bushels of wheat, valued at $500, which the Frick Company claimed under a chattel mortgage dated the 9th of November, 1887, and executed to the Frick Company by Andrew Bachofer. The chattel mortgage embraced the two-thirds interest of 77 acres of growing wheat on the farm of S. P. Rinquest, in’ the county of Saline, in this state, which Bachofer had rented. The mortgage contained the following provision: “ The…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action in the court below to recover damages for the conversion of a certain quantity of wheat, upon which the Frick Company held a mortgage from Andrew Bachofer. The mortgage was dated November 9, 1887, and covered Bachofer’s two-thirds interest in 77 acres of growing wheat in Saline county, to secure the payment of an indebtedness from Bachofer to the company. The mortgage was filed for record on November 12,1887. In August, 1888, the wheat was threshed, and in September and October following Bachofer sold and delivered 434…
2Cases cited3 opinions
- Frankhouser v. EllettSupreme Court of Kansas · 1879
- Pratt v. MaynardMassachusetts Supreme Judicial Court · 1874
- Brandt v. DanielsIllinois Supreme Court · 1867
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- Great Northern State Bank v. RyanCourt of Appeals for the Eighth Circuit · 1923
- Emerson-Brantingham Implement Co. v. FaulknerSupreme Court of Kansas · 1925
- Phelan v. Barnhart Bros. & SpindlerSupreme Court of Oklahoma · 1919
- United States v. ChristensenDistrict Court, E.D. Illinois · 1943
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