Bragunier v. Beck & Corbett Iron Co.
Supreme Court of Kansas
Error from Lyon District Court. This was an action brought by the defendant in error against the plaintiffs in error, to recover $113.80, and costs.
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Error from Lyon District Court. This was an action brought by the defendant in error against the plaintiffs in error, to recover $113.80, and costs. The facts as shown are as follows: E. E. Weaver & Co., hardware merchants at Emporia, became embarrassed, and for the purpose of securing indebtedness held by Kellogg & Sedgwick as agents and attorneys for non-resident claimants, gave Sedgwick, of the said firm of Kellogg & Sedgwick, on August 25, 1886, a mortgage on their stock of goods and book accounts. Sedgwick took immediate possession under the mortgage, and placed George Bragunier, one of…
1Opinion of the Court
Opinion by
Clogston, C.:
Two questions are raised by the plaintiffs in error: First, was Bragunier, the party served with garnishment, such an agent, and did he have such possession of the property of Weaver & Co. as would make him liable in garnishment proceedings? Second, are mortgagees of personal property, while in the possession of the property, liable in garnishment? As to the first of these questions, it is one of some doubt, and each case of this character must be determined upon the facts surrounding it, and no rule can be established that will apply to all of this class of cases; for…
2Cases cited6 opinions
- Webster v. SteeleIllinois Supreme Court · 1874
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Victor v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Fountain Bros. v. SmithSupreme Court of Iowa · 1886
- Buddig v. SimpsonSupreme Court of Louisiana · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Consolidated Barb Wire Co. v. Guthrie National BankCourt of Appeals of Kansas · 1897