Jamison v. Bancroft
Supreme Court of Kansas
Fh'ror from Lyon District Court. Fobeclosube of mortgage, brought by Wm. Jamison, as * trustee, against Bancroft and wife. All the facts and proceedings are sufficiently set forth in the opinion, infra. The district court, at September Term 1876, gave judgment in favor of defendants, and Jamison brings the case here on error. 1. The court clearly erred in not making the additional finding requested by plaintiff.
Read the full summary
Fh'ror from Lyon District Court. Fobeclosube of mortgage, brought by Wm. Jamison, as * trustee, against Bancroft and wife. All the facts and proceedings are sufficiently set forth in the opinion, infra. The district court, at September Term 1876, gave judgment in favor of defendants, and Jamison brings the case here on error. 1. The court clearly erred in not making the additional finding requested by plaintiff. Bancroft and wife could claim nothing more than that the trustee should “fairly and properly collect, sell, or otherwise dispose of the assets of the firm, and apply the proceeds…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Statement of the case. On the 11th of March 1870, the creditors ■of Bancroft Bros. & Company, who were in failing circumstances, at Columbus, Ohio, entered into an arrangement in writing with the firm to the effect, that if they would assign a11 the Property they possessed, (describing it,) to William Jamison, in trust for their benefit, and that if Harvey Bancroft and wife would also give to Jamison, as trustee, a mortgage on two certain lots in the city of Emporia, (describing them,) conditioned to make good any deficiency that might…
2Cited by2 opinions
- First National Bank v. NeilSupreme Court of Kansas · 1933
- Bertenshaw v. KoenekeSupreme Court of Kansas · 1924