Cooper v. First National Bank
Citation: 40 Kan. 5, 18 P. 937 (1888) · Decided: 1888-07. Complete reporter opinion retrieved from Caselaw Access Project, an unofficial host of primary judicial text. Original JSON retained. Full primary opinion.
Source note (2026-10-18):
- Links on this page to
https://static.case.law/kan/40/cases/0005-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts
Sarah Cooper had independently supplied USD 800 for her husband grocery business. On dissolution, goods were transferred to her for the bona-fide debt. She delivered USD 1,300 inventory to a bank to satisfy USD 624 debt (USD 450 mortgage plus USD 174 otherwise owed), with residue returned. Bank transferred goods/claim and refused accounting. Trial court sustained a demurrer to her evidence. primary.
Holding And Reasoning
Reversed for trial. The evidence established a cause of action; the wife bona-fide ownership and the creditor preference were supported under the then law/facts, not defeated by her marriage or the former partnership. Bank possession and inventory obligated it to account. Assignment of the claim and collateral did not relieve that responsibility. The additional unsecured debt and express surplus agreement defeated the asserted mortgage-only/parol-evidence objection; even the mortgage itself required return of surplus. National-bank power and cashier-authority objections did not permit the bank to keep the balance after securing its claim. This was evidence sufficiency, not a final quantified surplus award. primary.
Practical Impact And Verified Treatment
Use the possession/assignment accounting holding within its facts. Its application to a statutory tow lien is expressly a synthesis, not a claimed holding under 8-1103. Denny independently states the limited-security-interest/excess principle; modern consensual disposition accounting is 84-9-615. The 1888 creditor-preference and mortgage-recording discussion is not a current fraudulent-transfer or perfection opinion. primary, primary, primary, primary.
Status Boundary
Full holdings, disposition, and the specified statutory treatment are verified. No comprehensive later-citation or still-good-law certificate is claimed. No unlocated later decision is represented as affirmance or negative treatment. Historical collateral, probate, conflict, recording and procedural rules are not asserted as current merely because the complete opinion was retrieved.
Applies In
kansas · court-ordered-administrative-and-creditor-sales
Legal information, not legal advice. Verify current primary law and the actual transaction/order before acting.