Legal Opinion

Hall v. Hurd

Supreme Court of Kansas

Decided July 15, 1888PublishedCited by 10 opinions

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

  1. Seaton v. G. C. Hixon & Co.Supreme Court of Kansas · 1886
  2. McWhirt v. MckeeSupreme Court of Kansas · 1870
  3. Walker v. PeaySupreme Court of Arkansas · 1860
  4. Koons v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1867

3Cited by10 opinions

  1. English v. T. H. Rogers Lumber Co.Supreme Court of Oklahoma · 1918
  2. Amsden v. JohnsonSupreme Court of Oklahoma · 1916
  3. Stevens v. DillSupreme Court of Oklahoma · 1930
  4. Slater v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
  5. Emerson-Brantingham Implement Co. v. FaulknerSupreme Court of Kansas · 1925

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