Strahorn-Hutton-Evans Commission Co. v. Florer
Supreme Court of Oklahoma
¡Error from the District Court of Pawnee County, before A. G. C. Bierer, District Judge. STATEMENT OP PACTS. Replevin by tbe Strahorn-Hutton-Evans Commission company against Plorer & Bannerman. Judgment for defendants, and plaintiff brings error.
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¡Error from the District Court of Pawnee County, before A. G. C. Bierer, District Judge. STATEMENT OP PACTS. Replevin by tbe Strahorn-Hutton-Evans Commission company against Plorer & Bannerman. Judgment for defendants, and plaintiff brings error. This was an action in replevin, brought by the plaintiff in error, in the district court of Pawnee county, on the 29th day of August, 1896, to recover possession of 112 head of cattle, of the value of $1,314, alleged to have been unlawfully detained by the defendants. The plaintiff in error based its right of action to recover upon a certain mortgage…
1Opinion of the Court
Opinion of tbe court by
HaiNee, J.:
Tbe defendants to this action, Florer & Bannerman, are merely nominal parties. Tbe Citizens’ National bank, of Independence, Kan., is tbe real party in interest. The theory of the defendants was that the chattel mortgage executed by Stokes was void as against the bank, because the said mortgage was attested by only one subscribing witness, and for the further reason that the mortgage was filed in Kay county, Oklahoma, and hence was no notice to the bank, as a subsequent purchaser of the property, in good faith, for value, even if it were valid. The plaintiff…
2Cases cited12 opinions
- Hinchman v. Point Defiance Railway Co.Washington Supreme Court · 1896
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
- Chase v. Tacoma Box Co.Washington Supreme Court · 1895
- Roy & Co. v. Scott, Hartley & Co.Washington Supreme Court · 1895
- Tyler v. Strang & Tioga Rail RoadNew York Supreme Court · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Blevins v. W. A. Graham Co.Supreme Court of Oklahoma · 1919
- Frick Co. v. OatsSupreme Court of Oklahoma · 1908
- Morgan v. Stanton Auto Co.Supreme Court of Oklahoma · 1930
- Lankford v. First National Bank of LawtonSupreme Court of Oklahoma · 1919
- Hicks v. National Surety Co.Washington Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.