Legal Opinion

W. R. Britton v. Dowell, Inc., a Corporation

Court of Appeals for the Tenth Circuit

Decided October 10, 1956No. 5401PublishedCited by 8 opinions

1Opinion of the Court

LEWIS, Circuit Judge.

Plaintiff-appellee Dowell Inc. instituted this suit against defendant-appellant W. R. Britton to recover judgment for default in the payment of a promissory note executed and delivered to it by Brit-ton. 1 Judgment below was for the plaintiff and defendant now asserts, for the first time on appeal, that the judgment cannot stand because plaintiff neither alleged nor proved payment of the intangible personal property tax of the state of Oklahoma. No findings relative to the tax or its payment were made by the trial court.

The applicable Oklahoma statute 2 makes it mandatory…

2Cases cited7 opinions

  1. Clifford Erwin, Administrator of the Estate of Grace Snider Danford, Deceased v. Gladys Snider BarrowCourt of Appeals for the Tenth Circuit · 1954
  2. Mead v. HellamsSupreme Court of Oklahoma · 1948
  3. McGill v. Cooper Supply Co.Supreme Court of Oklahoma · 1946
  4. Edmonds v. WhiteSupreme Court of Oklahoma · 1950
  5. Pfrimmer v. TidwellSupreme Court of Oklahoma · 1950

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3Cited by8 opinions

  1. Trapp v. GoetzCourt of Appeals for the Tenth Circuit · 1966
  2. W. R. Britton v. Dowell, Inc., a CorporationCourt of Appeals for the Tenth Circuit · 1957
  3. Gannon v. American Airlines, Inc.Court of Appeals for the Tenth Circuit · 1957
  4. King v. Alaska State Housing AuthorityAlaska Supreme Court · 1977
  5. Mark Gannon v. American Airlines, Inc., a Delaware Corporation Associated Aviation Underwriters W. R. Britton, Carroll Britton McBride Bone & Joint Clinic and Dowell, Inc., Carroll Britton v. American Airlines, Inc., a Delaware Corporation, Associated Aviation Underwriters, W. R. Britton, McBride Bone & Joint Clinic, Mark Gannon and Dowell, Inc., McBride Bone & Joint Clinic, a Partnership, and Bone & Joint Hospital, a Corporation v. American Airlines, Inc., a Delaware Corporation, Associated Aviation Underwriters, W. R. Britton, Carroll Britton, Mark Gannon and Dowell, Inc., Dowell, Inc. v. American Airlines, Inc., a Delaware Corporation, Associated Aviation Underwriters, W. R. Britton, McBride Bone & Joint Clinic, Carroll Britton, and Mark GannonCourt of Appeals for the Tenth Circuit · 1958

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