Fidelity Funding Co. v. Vaughn
Supreme Court of Oklahoma
Error from the Probate Court of Oklahoma County; before Wm. P. Harper, Trial Judge. STATEMENT OF FACTS. The defendant in error T. A. Vaughn, commenced this action in the probate court of Oklahoma county against the plaintiffs in error, the Fidelity Funding Company and C. Romander, to recover the sum of $685.50. Garnishment proceedings were issued against the Oklahoma City National Bank, and it answered, claiming to have $1109.18 in its possession belonging to the defendant,…
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Error from the Probate Court of Oklahoma County; before Wm. P. Harper, Trial Judge. STATEMENT OF FACTS. The defendant in error T. A. Vaughn, commenced this action in the probate court of Oklahoma county against the plaintiffs in error, the Fidelity Funding Company and C. Romander, to recover the sum of $685.50. Garnishment proceedings were issued against the Oklahoma City National Bank, and it answered, claiming to have $1109.18 in its possession belonging to the defendant, C. Romander. Plaintiff in error, J. W. Leneve, intervened, claiming the money in the hands of the bank as belonging to…
1Opinion of the Court
Opinion of the court by
Pancoast, J.:
The principal, if not the only, contention in the court below in this case was that the contract or certificate issued to the defendant in error was in itself illegal and void, because it was a lottery and a fraud. It was contended that the lottery features consisted of: First, the prize feature of the contract: Second, the certainty in value of return being dependent upon chance, the chance features being the writing of new contracts, and lapsation, both of which are contingencies over which the parties had no control and which they could not forecast, the…
2Cases cited10 opinions
- Horner v. United StatesSupreme Court of the United States · 1893
- People v. ElliottMichigan Supreme Court · 1889
- Randle v. StateTexas Supreme Court · 1874
- South Carolina & Georgia Railroad v. Augusta Southern RailroadSupreme Court of Georgia · 1899
- Weimer v. PorterMichigan Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bane v. Anderson, Bryant & Co.Supreme Court of Oklahoma · 1989
- Utah State Fair Ass'n v. GreenUtah Supreme Court · 1926
- Peterson v. McManusSupreme Court of Iowa · 1919
- Rogers v. BrummettSupreme Court of Oklahoma · 1923
- Cleveland v. BiggersSupreme Court of Arkansas · 1924
4 more not listed; retrieve them via the Exa API.