Legal Opinion · Dissent

State Street Trust Co. v. Muskogee Electric Traction Co.

Court of Appeals for the Tenth Circuit

Decided June 15, 1953No. 4547Published

1DissentPickett, Circuit Judge

Mrs. Twombly was the owner of the bonds in question and the trial court found that she destroyed them because she had been advised that they were worthless.1 It is admitted that the bonds had not been paid. The Traction Company recognized them as outstanding obligations and carried them on its books as such up to and during the reorganization proceedings. It included them in its reorganization plan in the same manner as the other bonds. Apparently it had not been notified of the destruction by Mrs. Twombly or anyone else.

It is conceded that there was no effective cancellation of the…

2Cases cited10 opinions

  1. Gardner v. RutherfordCalifornia Court of Appeal · 1943
  2. Gleason v. BrownWashington Supreme Court · 1924
  3. Buckman v. Hill Military AcademyOregon Supreme Court · 1948
  4. Proebstel v. TroutOregon Supreme Court · 1911
  5. Wilkins v. SkoglundNebraska Supreme Court · 1934

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