Warner v. Carter

Citations

• 109 Kan. 285
• 198 P. 960
• 1921 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Replevin — Automobile—Defenses Under General Denial — Evidence of Collusion and Fraud Properly Received — Chattel-mortgage Lien — Instructions — Replevin Affidavit Evidence of Value of Automobile. The proceedings in an action for replevin of an automobile, in which the defendant recovered the value of the automobile, examined, and held:</p> <p>1. Recital in an instruction to the jury of the contentions made by the defendant under a general denial constituted record evidence that the contentions were made.</p> <p>2. Under the general denial, evidence that the plaintiff’s claim of right to possession of the automobile was made in collusion with another, to defraud the defendant, was properly received.</p> <p>3. There was evidence on which to base instructions regarding collusion and fraud.</p> <p>4. Instructions stating conditions under which the defendant’s bill of sale would take priority over the plaintiff’s mortgage were not open to the criticisms directed against them.</p> <p>5. The replevin affidavit was properly received in evidence agains't the plaintiff on the subject of value of the automobile.</p>