Burdett v. Surdez

Citations

• 94 Kan. 494
• 146 P. 1025
• 1915 Kan. LEXIS 113

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Chattel-mortgaged Property — Defense—Payment by Check — Plaintiff Not Real Party in Interest — Connivance to Defraud. In an action of replevin for the recovery of a team of mules the contention on one side was that a bank check given in payment was not good and was not accepted as payment, and on the other side that the check was received as payment in satisfaction of the debt, and, further, that the plaintiff who accepted the check had brought the action of replevin not on his own account but for the benefit of another party, and was conniving with that party to defraud the defendant. Upon the pleadings and evidence it is held that the issue of fraud was fairly in the case and that the trial court was warranted in giving an instruction to the jury on the subject.</p> <p>2. Same — Action by Wrong Party — Fraud on Defendant. The bringing of an action to recover personal property by one who has no interest in it at the instance of an outsider to aid him in effecting a wrong constitutes a fraud on the defendant.</p>