Jackson v. Kincaid
Supreme Court of Oklahoma
Error from the District Court of Logan County. STATEMENT OF THE CASE. This was an action brought by defendants in error in the district court of Logan county on the 7th day of August, 1894, in conversion, against the plaintiff in error to recover the value of a stock of goods, on which the plaintiffs claimed a pledgee’s lien, with interest from the date of the alleged conversion, July 19, 1893. On the trial before the jury on the 6th of April, 1895, verdict was rendered for…
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Error from the District Court of Logan County. STATEMENT OF THE CASE. This was an action brought by defendants in error in the district court of Logan county on the 7th day of August, 1894, in conversion, against the plaintiff in error to recover the value of a stock of goods, on which the plaintiffs claimed a pledgee’s lien, with interest from the date of the alleged conversion, July 19, 1893. On the trial before the jury on the 6th of April, 1895, verdict was rendered for James B. Kincaid in the sum of $1,514.81, and for William Chitwood in the sum of $1,692.86. After motion for a new trial…
1Opinion of the Court
The opinion of the court was delivered by
Bibrer, J.:
The first error assigned for a reversal of the judgment in this case is the refusal of the court to give the instruction presented by defendants below to the jury, to return a verdict in favor of the defendants.
The defendants presented their case to the trial court on two theories: First, that the transaction between Kincaid & Chitwood and Kincaid & Brother, under the undisputed facts of the case, must be held fraudulent in law on account of the failure of the pledgees to take actual and immediate possession of the property and maintain…
2Cases cited13 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Southard v. . BennerNew York Court of Appeals · 1878
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
- Bannon v. BowlerSupreme Court of Minnesota · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alexander v. Phillips Petroleum Co.Court of Appeals for the Tenth Circuit · 1942
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Frick v. ReynoldsSupreme Court of Oklahoma · 1898
- Taylor v. WoodenSupreme Court of Oklahoma · 1911
- Holcombe & Hoke Mfg. Co. v. WatersSupreme Court of Oklahoma · 1925
9 more not listed; retrieve them via the Exa API.