45 Kan. 176 | Kan. | 1891
The opinion of the court was delivered by
This was an action of replevin, to recover the possession of a stock of implements, brought by defendants
The verdict of the jury was in favor of the defendants in error, and there being sufficient evidence, it establishes the good faith and honesty of the transaction. The notes which they signed represented a bona fide indebtedness, and the stock ■of goods transferred was insufficient to pay the obligations for which they were liable, and which they agreed to pay.
It is contended by plaintiff in error that there was no consideration for the sale of the goods to the defendants in error; and this is the only material questiou which is discussed in his brief. The insolvency of the Smith Brothers practically settled the liability of the defendants in error on the notes which they had signed, and more than that, the testimony is that at the time of the sale the sureties agreed to pay these ■debts. Some of them were paid about the time of the transfer, and others of them have been paid since that time.
We think there can be no doubt that the liability of the defendants in error, as sureties, and their agreement to pay these debts, constitute a sufficient consideration for the sale of the property. The liability of a surety alone is held to be a good
This disposes of every substantial objection made' by plaintiff in error, and, as we find no error in the record, the judgment of the district court will be affirmed.