Burnham, Hanna, Munger & Co. v. Citizens Bank of Emporia
Supreme Court of Kansas
Error from Lyon District Court. Burnham, Hanna, Munuer & Company brought suit against the Citizens Bank of Emporia, Thomas Campbell and others, to obtain an accounting for the proceeds of certain property which had been disposed of by the bank under chattel mortgages from Thomas Campbell, the plaintiffs claiming a lien under a mortgage executed by Campbell to them. Kellogg & Sedgwick, Cahn, Wampold & Company, and Bolim Brothers & Company were also made defendants.
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Error from Lyon District Court. Burnham, Hanna, Munuer & Company brought suit against the Citizens Bank of Emporia, Thomas Campbell and others, to obtain an accounting for the proceeds of certain property which had been disposed of by the bank under chattel mortgages from Thomas Campbell, the plaintiffs claiming a lien under a mortgage executed by Campbell to them. Kellogg & Sedgwick, Cahn, Wampold & Company, and Bolim Brothers & Company were also made defendants. The case was sent to a referee to take the testimony, and report on certain questions of fact. On-the coming-in of the report of…
1Opinion of the Court
The opinion of the court was delivered by
Aijjln, J. :
2' estoppel?-It is contented that the provision in the mortgage from Campbell to the bank, allowing him to check out half the proceeds of the December sales, renders the whole mortgage void. We shall assume that, if attacked by a creditor who had done nothing to estop him, it would be void. The plaintiffs, however, claim under a mortgage which contains the following provision : “ It is hereby represented, and this mortgage accepted on faith of said representation, that there are no claims or liens of any kind on the above property, but this…
2Cases cited2 opinions
- Meacham v. SteeleIllinois Supreme Court · 1879
- Dewey v. IngersollMichigan Supreme Court · 1879
3Cited by11 opinions
- Moffatt v. FoutsSupreme Court of Kansas · 1916
- American National Bank v. BranchSupreme Court of Kansas · 1896
- First National Bank v. TaylorSupreme Court of Kansas · 1904
- Territory of Alaska ex rel. Commissioner of Veterans' Affairs v. GuerinDistrict Court, D. Alaska · 1956
- Farmers State Bank v. Bank of InmanSupreme Court of Kansas · 1927
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