Henley v. Wheatley

Citations

• 68 Kan. 271
• 74 P. 1125
• 1904 Kan. LEXIS 98

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Chattel Mortgage — Petition against Wife on Debt Evidenced by Mortgage Only Held Sufficient. A petition to recover a personal judgment against a wife upon stipulations in a chattel mortgage given by her husband and herself to secure the payment of his note, to which she was not a party, that “ these presents are upon this express condition, that if said parties of the first part shall pay or cause to be paid unto the said party of the second part . . . the aforesaid sum of six thousand (6000) dollars, according to the terms of one certain promissory note . . . which note the said party of the first part hereby agrees to pay,” and also that “if from any cause said property shall fail to satisfy said debt and interest aforesaid said party of the first part hereby agrees to pay the deficiency,” states a cause of action against the wife, notwithstanding the absence from the petition of a statement that it was the contract or intention of the wife, or the expectation of the mortgagee, that she should become personally liable for the payment of the debt by signing the mortgage.</p>