Hixon v. Hubbell
Supreme Court of Oklahoma
Error from the District Court of Logan County STATEMENT OE FACTS. On December 5,1890, the defendants in error, as sureties for one Moses Whitbeck, executed a note to a bank at Fredonia, Kansas, for the sum of one thousand dollars, bearing interest at the rate of ten per cent, and payable ninety days after date.
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Error from the District Court of Logan County STATEMENT OE FACTS. On December 5,1890, the defendants in error, as sureties for one Moses Whitbeck, executed a note to a bank at Fredonia, Kansas, for the sum of one thousand dollars, bearing interest at the rate of ten per cent, and payable ninety days after date. When said note matured Whit-beck was engaged in the mercantile business at Guthrie, O. T., and was the owner of a general stock of merchandise, consisting of dry goods, hats, caps, boots, shoes, clothing and notions of the value of from three to seven thousand dollars. The note was not…
1Opinion of the Court
'The opinion of the court was delivered by
Bukrord, J.:
The petition in this case alleges that the plaintiffs were the owners of the goods in question at the date of the alleged conversion. On the trial, to support this allegation, they introduced in evidence over the objection- of the defendants the chattel mortgage executed to them by Whitbeck, and also showed by oral testimony the delivery of possession to the mortgagees by Whitbeck, or his agent, of the entire stock, and that they were in the actual possession of the goods at the time the attachments were levied.
This, it is contended, was…
2Cases cited7 opinions
- Davis v. WarfieldIndiana Supreme Court · 1872
- Sparks v. ComptonIndiana Supreme Court · 1880
- Matlock v. StrangeIndiana Supreme Court · 1856
- State ex rel. Jessup v. MilliganIndiana Supreme Court · 1886
- McDaniel v. State ex rel. McHughIndiana Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Smith-Wogan Hardware & Imp. Co. v. BiceSupreme Court of Oklahoma · 1912
- Youngblood v. RectorSupreme Court of Oklahoma · 1927
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- In Re Estate of JamesSupreme Court of Oklahoma · 1928
- Waldrep v. Exchange State Bank of KeiferSupreme Court of Oklahoma · 1921
10 more not listed; retrieve them via the Exa API.