Werner, Mosiman & Co. v. Winzer

Citations

• 109 Kan. 647
• 202 P. 80
• 1921 Kan. LEXIS 340

Syllabus

<p>SYLLABUS BY T3E COURT.</p> <p>1. Replevin — Statutory Law of Another State ■ — Legal Presumptions. There is a legal presumption, in the absence of a showing to the contrary, that the statutory law of another state is the same as the law of Kansas.</p> <p>2. Same — Sale of Chattel — Title Retained in Vendor — Recording of Contrast — Innocent Purchasers. Under section 6508 of the General Statutes of 1915, a written contract for the sale of chattels, where title is retained by the vendor until the purchase price is paid, is void as against an innocent purchaser from the vendee unless the contract is recorded in the office of the register of deeds of the county or counties where the property is permitted or intended to be kept.</p> <p>3. Same — Plaintiffs’ Right to Recover Was Question for Jury. The evidence touching plaintiffs’ right to recover possession of an automobile, in replevin, against defendants who had purchased the chattel from plaintiffs’ vendee, examined and held to require its submission to a jury to determine whether the defendants were innocent purchasers.</p> <p>4. Same — Evidence of Value of Automobile for Jury. The evidence touching the value of the automobile in controversy examined, and held, that the determination of its value was a jury question.</p> <p>5. Same — No Agreement as to Value of Automobile. The record examined and held to show no agreement as to the value of the automobile.</p> <p>6. Same — Matters for Review Should First Be Presented on Motion for New Trial. The record examined and held to show that the matters presented in this appeal required that they be deferred until they we-re ruled on by the trial court in a motion for a new trial; and held, also, that the trial court was not led into error through any fault or shortcoming on the part of appellants’ counsel.</p>