Farmers & Merchants National Bank v. Gann

Citations

• 95 Kan. 237
• 148 P. 249
• 1915 Kan. LEXIS 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Chattel-mortgaged Property — Action for Conversion — Petition Stated Cause of Action — Sufficient Evidence to Sustain Judgment. In an action for conversion of property claimed under a chattel mortgage the defendant was a stranger to the mortgage. The petition alleged that the plaintiff was entitled to the possession of the property at the time of the alleged conversion but failed to state that he was entitled to the immediate possession thereof, and also failed to allege that the mortgagor was the owner of the property. A copy of the mortgage attached to the petition showed that the mortgagor was the owner of the preperty. Held:</p> <p>1. As against a demurrer and an objection to evidence the petition is sufficient to advise defendant of the nature of plaintiff’s claim to the property, there being no motion to make the petition more definite and certain.</p> <p>2. Where in such an action the plaintiff has recovered, and the attention of the court and counsel was not directly challenged to the defects in the petition by the demurrer, objection to testimony, or motion for a new trial, the petition will be regarded as amended after judgment.</p>