Willys-Overland Co. v. Evans

Citations

• 104 Kan. 632
• 180 P. 235
• 1919 Kan. LEXIS 324

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Automobile — Lien of Mechanic for Repairs — Superior to Rrior Chattel Mortgage. An automobile purchased in Kansas City, Mo., on which a chattel mortgage duly recorded in Jackson county, Missouri, was in force, was left at a Kansas garage for repairs by another than the original purchaser. Held, that while the lien of the chattel mortgage was good, the garage man who repaired the car was, under the Kansas lien statute', sections 6092 to 6094 of the General Statutes of 1915, as amended by chapter 232 of the Laws of 1917, entitled to a lien thereon, and entitled to retain possession thereof until the amount was paid.</p> <p>2. Same — Failure of Mechanic to Record Claim. The failure of the garage man to record a claim for lien did not impair his right to retain possession, but only precluded' him from foreclosing his lien as a chattel mortgage.</p>