Barnett v. Williams
Supreme Court of Kansas
Error from Doniphan District Court. Williams sued Barnett and recovered a judgment for $1,500 for the alleged unlawful conversion of 4,000 bushels of corn, which plaintiff claimed to have purchased of Bailey, Weightman & Butts, the contract of purchase being made with Butts. Defendant answered, denying the conversion, and alleging that the corn was the property of Harris, Hutchinson & Co., for whom it had been purchased, and to whom he had delivered it.
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Error from Doniphan District Court. Williams sued Barnett and recovered a judgment for $1,500 for the alleged unlawful conversion of 4,000 bushels of corn, which plaintiff claimed to have purchased of Bailey, Weightman & Butts, the contract of purchase being made with Butts. Defendant answered, denying the conversion, and alleging that the corn was the property of Harris, Hutchinson & Co., for whom it had been purchased, and to whom he had delivered it. The question here is upon the competency of the testimony by which Williams sought to establish his ownership of the corn. He testified as a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*341i. Evidence,-, producea. *342%_Motion t0 evidence. *340Defendant in error sued plaintiff in error *341to recover damages for the conversion of 4,000 bushels of corn. He claimed title by purchase from one of three partners. The fact, the time, the conditions, and the good faith of the purchase, were disputed. He never had actual possession of the corn. There were 6,000 bushels altogether, in two cribs, and there never was any separation of the 4,000 bushels from the remainder. His right to recover rested on proof of a purchase. On trial he testified to…
2Cases cited2 opinions
- Dunn v. HewittNew York Supreme Court · 1846
- Bonesteel v. FlackNew York Supreme Court · 1864
3Cited by2 opinions
- Willard v. OstranderSupreme Court of Kansas · 1891
- Williams v. BarnettSupreme Court of Kansas · 1872