Hall v. Hurd
Supreme Court of Kansas
Error from Harvey District Court. - ActioN brought by Hall against Hurd, to recover $100 as penalty for refusing, on demand, to discharge of record a chattel mortgage given by the plaintiff on or about April 1,1882. The court found substantially as follows: That the mortgage was paid off about September 18,1882, a few days before the same was due; that afterward, in February, plaintiff commenced an action before a justice of the peace to recover the penalty for failure to…
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Error from Harvey District Court. - ActioN brought by Hall against Hurd, to recover $100 as penalty for refusing, on demand, to discharge of record a chattel mortgage given by the plaintiff on or about April 1,1882. The court found substantially as follows: That the mortgage was paid off about September 18,1882, a few days before the same was due; that afterward, in February, plaintiff commenced an action before a justice of the peace to recover the penalty for failure to release said mortgage. A few days after the commencement of that action, plaintiff made his first demand upon the…
1Opinion of the Court
*375Opinion by
ClogstON, C.:
The first question presented is, is a demand necessary to entitle a party to an action for a penalty for failing to release a chattel mortgage? Section 16 of chapter 68, under which this action was brought, does not in terms provide for a demand, but with its reference to § 8 of chapter 68, we think that it implies that a demand is necessary. The action having been brought in justice’s court without a demand having been made, it was prematurely brought, and for that reason, doubtless, the action was afterward dismissed. This action in justice’s court was brought within…
2Cases cited4 opinions
- Seaton v. G. C. Hixon & Co.Supreme Court of Kansas · 1886
- McWhirt v. MckeeSupreme Court of Kansas · 1870
- Walker v. PeaySupreme Court of Arkansas · 1860
- Koons v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1867
3Cited by10 opinions
- English v. T. H. Rogers Lumber Co.Supreme Court of Oklahoma · 1918
- Amsden v. JohnsonSupreme Court of Oklahoma · 1916
- Stevens v. DillSupreme Court of Oklahoma · 1930
- Slater v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
- Emerson-Brantingham Implement Co. v. FaulknerSupreme Court of Kansas · 1925
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