Allsman v. Oklahoma City
Supreme Court of Oklahoma
Error from Oklahoma, County Court; before Sam Hooker, 'Judge. ■Action by Frank P. Allsman and others against the city of Oklahoma City. Judgment for defendant, and plaintiffs bring error.
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Error from Oklahoma, County Court; before Sam Hooker, 'Judge. ■Action by Frank P. Allsman and others against the city of Oklahoma City. Judgment for defendant, and plaintiffs bring error. On December 4, 1907, Frank P. Allsman and C. F. Beynolds, partners, doing business as Allsman & Beynolds, plaintiffs in error, plaintiffs below, sued the city of Oklahoma City, defendant in error, defendant below, in the county court of Oklahoma county to recover $341.61, the unused portion of a license issued by defendant in error to plaintiffs in error as retail liquor dealers in said city. The petition,…
1Opinion of the Court
TüRNER, J.
(after stating the facts as above.) The only question for us^to decide is whether the licensee may recover back the unearned portion of the license fee where the license fails without fault of the licensee. It would seem that this should be answered in the affirmative on the plainest principles of natural justice. It is contended, however, that this is an action in the nature of assumpsit, and as such it can only be based upon some contractual liability arising out of property rights, and that, as such licenses are not contracts (Prohibitory Amend. Cases, 24 Kan. 700), nor property…
2Cases cited20 opinions
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- Martel v. City of East St. LouisIllinois Supreme Court · 1879
- Wolfe v. MarshalSupreme Court of Missouri · 1873
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3Cited by24 opinions
- Sluder v. City of San AntonioTexas Commission of Appeals · 1928
- Joiner v. Ardmore Loan & Trust Co.Supreme Court of Oklahoma · 1912
- Helm v. MicklesonSupreme Court of Oklahoma · 1917
- Thurlwell v. RabbitSupreme Court of Oklahoma · 1924
- Arie v. StateSupreme Court of Oklahoma · 1909
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