Torrance v. Winfield National Bank

Citations

• 66 Kan. 177
• 71 P. 235
• 1903 Kan. LEXIS 24

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bankruptcy — Preferential Payment'. An agreement made, while negotiating for a loan, to make repayment out of a certain fund, or the proceeds of a particular enterprise, does not create a lien on the fund or the proceeds of the enterprise, and, where repayment is made out of the designated fund within four months of proceedings in bankruptcy, such payment shall be deemed to be preferential and voidable at the suit of a trustee.</p> <p>2. Practice, Supreme Court— Judgment on Separate Defenses Reversed. Where two separate defenses are made in an action, and the court at the trial erroneously admits and considers evidence of one defense and renders a general judgment for the defendant, and this court is unable to say that the judgment is not based on the evidence so erroneously admitted, the cause will be reversed, notwithstanding there may be sufficient evidence properly admitted to establish the other defense.</p>