Legal Opinion

Volker Lumber Co. v. Utah & Oregon Lumber Co.

Utah Supreme Court

Decided April 8, 1915No. 2687PublishedCited by 9 opinions

Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by the Volker Lumber Company against the Utah & Oregon Lumber Company and the Flewelling Building Company. Judgment for plaintiff. Defendants appeal.

1Opinion of the CourtFrick, J.

The plaintiff, hereinafter called respondent, as a creditor and assignee of other creditors- of the defendant Flewelling Building Company, hereinafter styled company, commenced this action in equity against the defendant Utah & Oregon Lumber Company, hereinafter called appeLlant,, and nls<i against the company to have declared invalid a chattel mortgage which was executed and delivered by said company to the appellant, and incidentally to have determined tire priority and extent of respondent’s alleged lien upon the property included in said chattel mortgage.

The material facts, in substance,…

2Cases cited9 opinions

  1. Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
  2. Ruggles v. CannedyCalifornia Supreme Court · 1899
  3. James Forrester & Co. v. Kearney National BankNebraska Supreme Court · 1896
  4. Hopper v. KeysCalifornia Supreme Court · 1907
  5. Morse v. MorrisonColorado Court of Appeals · 1901

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3Cited by9 opinions

  1. In Re MyersCourt of Appeals for the Second Circuit · 1928
  2. Security First National Bank v. SartoriCalifornia Court of Appeal · 1939
  3. Barber v. Reina Nash Motor CompanyWyoming Supreme Court · 1953
  4. Commercial Security Bank of Ogden v. Chimes PressUtah Supreme Court · 1935
  5. In Re MyersDistrict Court, N.D. New York · 1927

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