Salisbury v. Barton

Citations

• 63 Kan. 552
• 66 P. 618
• 1901 Kan. LEXIS 185

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Fraud—Pleading. In an action in replevin to recover the possession of property from a fraudulent vendee and hie grantees, the plaintiff is not required to plead facts showing the fraudulent purchase. It is sufficient if he pleads ownership, right of possession, and a wrongful detention by defendants.</p> <p>2. -Evidence — Reports to Commercial Agencies. Where a retail merchant makes false and fraudulent statements to representatives of commercial agencies for the purpose of establishing a basis of credit for himself, and such statements are incorporated into the books of such agencies and circulated among the wholesale trade, by reason whereof credit is extended to him, it is not error to permit such statements and reports to be introduced in-evidence on a trial in an action brought to recover the possession of the goods which it is alleged were sold and delivered on the strength of such statements.</p> <p>3. ——- Demand Unnecessary. In an action to recover personal property, the possession of which it is claimed was obtained by false and fraudulent representations, a demand is not necessary before commencing the action.</p> <p>4. -Burden of Proof. The burden is upon one claiming to be the purchaser of the property from a fraudulent vendee to prove that he is a bona fide purchaser for a valuable consideration and without notice.</p>