[DOWNLOAD] "Byer v. Byer" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Byer v. Byer
- Author : Supreme Court of Kansas
- Release Date : January 03, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by This, looking through form to substance and although briefed
and argued by the parties as if it were in the nature of
conversion, is actually and must therefore be regarded as a suit
in equity to recover money and compel the defendant to account
for proceeds received by reason of having cashed ten United
States Savings Bonds, procured and registered in co-ownership
form by one Albert Byer in the names of Mr. August R. Byer (his
son) or Mrs. Gladys Byer (his wife); and one United States
Savings Bond procured and registered in beneficiary form by the
same individual in the names of Mrs. Gladys Byer, P.O.D. August
R. Byer, conceded to be the same person as August Byer. Plaintiff commenced the action by the filing of a petition
wherein, after reciting the purchase and registration of bonds as
above indicated, he asserted that after the dates (describing
them) of their purchase and on the date of their conversion by
the defendant, Gladys Byer, he was the registered owner of an
undivided one-half interest therein; alleged that about September
15, 1952, the defendant took possession of such bonds and
thereafter, about February 9, 1954, before their maturity,
cashed, redeemed, received payment and wrongfully converted such
bonds to her own use, all without his knowledge or consent; and
asked that the court (1) find he was the owner of an undivided
one-half interest in and to such bonds prior to the date of their
conversion, (2) require defendant to account to him for an
undivided one-half interest in the proceeds realized from their
redemption, with accumulated interest, and (3) grant judgment
accordingly for whatever amount that sum might be, with interest
from February 9, 1954, at 6% per annum, together with such other
and further relief as might seem just and equitable.