Sedgwick City Bank v. Wichita Mercantile Co.

• Decision Date: 07 February 1891
• Citation: 45 Kan. 346,25 P. 888
• Parties: THE SEDGWICK CITY BANK v. THE WICHITA MERCANTILE COMPANY
• Court: Kansas Supreme Court

25 P. 888

45 Kan. 346

THE SEDGWICK CITY BANK v. THE WICHITA MERCANTILE COMPANY

Supreme Court of Kansas

February 7, 1891

Error from Sedgwick District Court.

THE case is stated in the opinion.

Judgment reversed.

Ed O'Bryan, for plaintiff in error.

Adams & Adams, for defendant in error.

GREEN C. All the Justices concurring.

OPINION

GREEN, C.:

On the 22d day of August, 1887, this action was commenced in the district court of Sedgwick county, by the Wichita Mercantile Company, against J. H. Mann, on an open account to recover the sum of $ 812.71; an order of attachment was issued and levied upon a stock of groceries, fixtures, delivery wagon safe, pony, etc., belonging to Mann. A receiver was appointed to take charge of and dispose of the attached property. On the 19th of September, 1888, the plaintiff in error asked to be made a party to the suit and be permitted to file an interplea, claiming to have a valid and subsisting lien on the property attached, by virtue of a chattel mortgage executed by J. H. Mann to L. A. Anderson, and by him assigned to the plaintiff in error. Leave was granted to answer, and the bank set up its claim to the property attached, under this mortgage executed by Mann to Anderson on the 7th day of May, 1887, and filed the same day in the office of the register of deeds of Sedgwick county. The property was described in the mortgage as follows:

"All of the stock of groceries, queensware, flour, canned goods, meats, lard, syrup, vinegar, tobacco, cigars, etc., one Mosler, Bahman & Co. iron safe, one Ludlow delivery wagon, one Texas pony, buckskin color, four show-cases (one six-foot oval front, two three-foot oval front, one three-foot square front), one Enterprise coffee-mill, one platform scale (Fairbanks), three counter scales, all the fixtures belonging to the stock of groceries bought this day from L. A. Anderson; also all goods added to said stock from this date, situated in a frame building on East Oak street, number 728, owned by S. J. Custater."

The consideration expressed in the mortgage was $ 407. Fifty dollars had been paid upon said debt, leaving a balance due of $ 373.28. The note was made payable at No. 728 Oak street, in Wichita. The Wichita Mercantile Company denied that the bank had any claims to the property; that the mortgage in question was void as against the mercantile company, and was made for the purpose of hindering, delaying and defrauding the creditors of Mann. At the May term, 1888, the case, under the issues joined, was submitted to the court, and a finding was made that the mortgage was void, and judgment was rendered for the mercantile company. The Sedgwick City Bank brings the case here for review.

It seems from the evidence, that the mortgage was given for the balance due Anderson for the purchase-price of the stock of goods and fixtures, and...