National Bank v. First National Bank
Supreme Court of Kansas
Error from Barber District Court. Hon. Gr. W. McKay, Judge. STATEMENT BY THE COURT. The firm of Lovejoy & Glasscock, being indebted to the plaintiff in error in the sum of $20,000, and to the defendant in error in the sum of $10,000, on August 30, 1886, executed a chattel mortgage on a stock of goods at New Kiowa to C. J. Lovejoy, one of the three members of the firm, purporting to indemnify him as surety for the indebtedness to said banks, the amount of each being stated in…
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Error from Barber District Court. Hon. Gr. W. McKay, Judge. STATEMENT BY THE COURT. The firm of Lovejoy & Glasscock, being indebted to the plaintiff in error in the sum of $20,000, and to the defendant in error in the sum of $10,000, on August 30, 1886, executed a chattel mortgage on a stock of goods at New Kiowa to C. J. Lovejoy, one of the three members of the firm, purporting to indemnify him as surety for the indebtedness to said banks, the amount of each being stated in the chattel mortgage. The Emporia bank accepted the security of said chattel mortgage, but the Illinois bank levied an…
1Opinion of the Court
The opinion of the court -was delivered by
Martin, C. J. :
It was held by this court in Plow Co. v. Rodgers, 53 Kan. 743, 749, in accordance with numerous authorities, that an election by a party of one of two inconsistent remedies, once fairly made with lcnowl*118edge of the facts, is binding and conclusive, so that he cannot abandon it and choose the opposite remedy, and this case was cited and followed in City of Larned v. Jordan, 55 Kan. 124, 128, although it was held in that case that the party had not before made an election. The principle was well stated in Thompson v. Howard, 31 Mich. 309,…
2Cases cited4 opinions
- Thompson v. HowardMichigan Supreme Court · 1875
- In re Van NormanSupreme Court of Minnesota · 1889
- Moline Plow Co. v. RodgersSupreme Court of Kansas · 1894
- City of Larned v. JordanSupreme Court of Kansas · 1895
3Cited by11 opinions
- Ireland v. WaymireSupreme Court of Kansas · 1920
- Spruce v. Chicago, R. I. & P. RY. CO.Supreme Court of Oklahoma · 1929
- Davidson v. McKownSupreme Court of Kansas · 1943
- Bank of Santa Fe v. Board of County CommissionersSupreme Court of Kansas · 1900
- First Trust & Savings Bank of Chicago v. BloodworthSupreme Court of Oklahoma · 1918
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