Mason v. Saunders

Citations

• 89 Kan. 300
• 131 P. 562
• 1913 Kan. LEXIS 57

Syllabus

<p>syllabus BY THE COURT.</p> <p>Sale — Purchaser to Pay Consideration to Third Party — Agreement Valid. Upon a sale of.personal property the purchaser agreed with the vendor to pay the consideration to a third party who claimed a lien upon it under a chattel mortgage. After the property was delivered the purchaser was garnished by another creditor of the vendor. The mortgage was not in fact a lien upon the property, but the mortgagee and mortgagor having treated it as a lien and by mutual agreement provided that the proceeds should be applied upon the mortgage debt, they will be so applied.</p>