Ellis v. Little
Supreme Court of Kansas
Error from Sedgwich District Court. Before the 18th day of September, 1876, one J. C. Fraker was tfye owner of the undivided one-third of the south half of the northwest quarter of section twenty-two, township twenty-seven, south, of range one, east, in Sedgwick county, together with the flouring mill, machinery and fixtures thereon, and the water-rights and easements thereunto belonging.
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Error from Sedgwich District Court. Before the 18th day of September, 1876, one J. C. Fraker was tfye owner of the undivided one-third of the south half of the northwest quarter of section twenty-two, township twenty-seven, south, of range one, east, in Sedgwick county, together with the flouring mill, machinery and fixtures thereon, and the water-rights and easements thereunto belonging. On the 18th day of September, 1876, said J. C. Fraker was largely indebted to the First National bank of Wichita, Kansas, which bank was then insolvent, and its assets and property were in the hands of an…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The principal question in this case is, whether the estate of the bank can be charged with the damages resulting to Ellis, plaintiff in error, from the failure and inability of the receiver of the bank to comply with the .terms of the contract executed December 31, 1877. If the receiver exceeded his authority in executing the contract, plaintiff in error was not entitled to recover in the court below, and therefore cannot complain that the trial court erred in the amount for which it rendered judgment in his favor. The act of congress as…
2Cases cited2 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Livingston v. PettigrewNew York Supreme Court · 1872
3Cited by19 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Chapman v. Guaranty State BankTexas Commission of Appeals · 1924
- Mitchell v. JosephCourt of Appeals for the Seventh Circuit · 1941
- Tourtelot v. BookerCourt of Appeals of Texas · 1913
- Whelan v. BlankenbecklerCourt of Appeals for the Fifth Circuit · 1936
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