Ferguson-McKinney Dry Goods Co. v. Grear
Supreme Court of Kansas
Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. The plaintiff is a wholesale mercantile corporation of St. Louis, Mo., and the defendants were, prior to the great flood of 1908, copartners in a retail business in North Topeka, Kan.
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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. The plaintiff is a wholesale mercantile corporation of St. Louis, Mo., and the defendants were, prior to the great flood of 1908, copartners in a retail business in North Topeka, Kan. The flood invaded their store and, it is claimed, destroyed or injured a large portion of their stock of goods and utterly destroyed their books of account, and by reason thereof they had no record of their indebtedness, nor to whom owing. There is also evidence that before the flood the defendants were solvent but thereafter their indebtedness…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
This action was commenced in the city court of Topeka by the plaintiff filing an ordinary bill of particulars, with a verified copy of the account sued on attached. The defendants filed no bill of particulars or answer therein. After the appeal to the district court the defendants filed an answer, in which they did not dispute the account but did assert that the plaintiff was not the owner thereof, and set up the written assignment from plaintiff to Abram Troup. In other words, they answered that the plaintiff had for a valuable consideration…
2Cited by6 opinions
- McCracken v. WrightSupreme Court of Kansas · 1945
- Ohio Hydrate & Supply Co. v. H. W. Underhill Construction Co.Supreme Court of Kansas · 1935
- Duncan v. RiderSupreme Court of Kansas · 1931
- Bollinger v. DietrichSupreme Court of Kansas · 1946
- Seaton v. City of CoffeyvilleCourt of Appeals of Kansas · 1984
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