Meyer Bros. Drug Co. v. Kelley
Supreme Court of Oklahoma
Error from the District Court of Logan County. STATEMENT OE FACTS. The defendant, Kelley, was engaged in the drug business in the city of Gruthrie, in Logan county, during tlie year 1889 and up to October 30,1890, and he was at that date indebted to the appellant company in the sum of $844.66, and to other creditors, the defendants, in various amounts.
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Error from the District Court of Logan County. STATEMENT OE FACTS. The defendant, Kelley, was engaged in the drug business in the city of Gruthrie, in Logan county, during tlie year 1889 and up to October 30,1890, and he was at that date indebted to the appellant company in the sum of $844.66, and to other creditors, the defendants, in various amounts. On the said date Kelley,-of his own motion and without consulting the appellant, made, executed and recorded a mortgage to the appellant upon his entire stock of goods for the sum of $2,500, and executed a note for that amount, payable six…
1Opinion of the Court
The opinion of the court was delivered by
McAtee, J.:
While other questions are raised by the pleading, they were abandoned at the trial, and not argued in the brief of appellant, which presents but a single question which is, the validity of the claim of the appellant company under the evidence in the case, as mortgagee, against the attaching creditors, the appellees, and this validity is conceded to depend upon the question of fact, which is, whether Meyer Brothers’Drug company did, in fact, ever in any manner sanction the mortgage made by Kelley for the sum of $2,500, without their…
2Cases cited1 opinion
- National Bank of Guthrie v. EarlSupreme Court of Oklahoma · 1895
3Cited by9 opinions
- McCann v. McCannSupreme Court of Oklahoma · 1909
- Hunter Realty Co. v. SpencerSupreme Court of Oklahoma · 1908
- First Nat. Bank of Guymon v. ArnoldSupreme Court of Oklahoma · 1911
- German-American Bank v. HennisSupreme Court of Oklahoma · 1915
- Moore v. BevisSupreme Court of Oklahoma · 1900
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