Yaple v. Stephens
Supreme Court of Kansas
M'ror from Atchison District Court. On November 8, 1884, Myron L. Stephens commenced his action against J. C. Dowd, Hiram Yaple and W. M. Stephens, for an accounting and winding-up of the business of J. C. Dowd & Co. Subsequently, Seaton & Lea, W. P. Rounds & Co. and Hill, Clark & Co. filed their interpleas, and there was also pending in the court the case of Hill* Clark & Co. against J. C. Dowd & Co. On June 26, 1885, by consent of all parties the matters pending in all…
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M'ror from Atchison District Court. On November 8, 1884, Myron L. Stephens commenced his action against J. C. Dowd, Hiram Yaple and W. M. Stephens, for an accounting and winding-up of the business of J. C. Dowd & Co. Subsequently, Seaton & Lea, W. P. Rounds & Co. and Hill, Clark & Co. filed their interpleas, and there was also pending in the court the case of Hill* Clark & Co. against J. C. Dowd & Co. On June 26, 1885, by consent of all parties the matters pending in all said cases were submitted to the court, a jury being waived, and thereupon the court made the following findings of fact:…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On October 7, 1884, J. C. Dowd, of the firm of J. C. Dowd & Co., executed two promissory notes to Hiram Yaple, one for $720, and the other for $700, each bearing interest at ten per cent, per annum from date. At the same time he executed to Hiram Yaple a chattel mortgage upon the plauing-mill property operated by J. C. Dowd & Co., to secure these notes. At the time of the execution of the chattel mortgage, James Nesbit, Albert Bracke and L. F. Bird, respectively, held claims secured by mortgages upon the planing-mill property, amounting…
2Cases cited1 opinion
- Crippen v. ChappelSupreme Court of Kansas · 1886
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- Commercial & Farmers Bank v. Scotland Neck BankSupreme Court of North Carolina · 1911
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