Brittain, Smith & Co. v. Burnham
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Franlc Dale, District Jtidge. statement of the case. This is an action commenced in the district court of Logan county by the plaintiffs against the defendants, to have a certain chattel mortgage held by the diéfend-ants against one Victor Neal, and which said defendants were in the process of foreclosing;, declared to be a general assignment, for the benefit of all the creditors of Victor Neal, aind for the appointment…
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Error from the District Court of Logan County; before Franlc Dale, District Jtidge. statement of the case. This is an action commenced in the district court of Logan county by the plaintiffs against the defendants, to have a certain chattel mortgage held by the diéfend-ants against one Victor Neal, and which said defendants were in the process of foreclosing;, declared to be a general assignment, for the benefit of all the creditors of Victor Neal, aind for the appointment of a receiver to take immediate possession of the property mentioned in said mortgage. To this petition in the court…
1Opinion of the Court
Opinion of the court by
Irwin,, J.:
An examination of the petition of the plaintiff in the court below, in our judgment, fails to show that they have stated a cause of action. If every allegation in that petition contained he taken as absolutely true, they fail to show where the defendants are charged with doing anything more than they have a valid and legal statutory right to do. The allegations* of that petition, in its broadest and most liberal sense, only charges that the defendant in the court below, Burn-ham, Hanna, Munger & Oo., have taken a chattel mortgage to secure a bona fide debt…
2Cases cited2 opinions
- Erdall v. AtwoodWisconsin Supreme Court · 1891
- Sunday Creek Coal Co. v. BurnhamNebraska Supreme Court · 1897
3Cited by6 opinions
- Kentucky Bank & Trust Co. v. PritchettSupreme Court of Oklahoma · 1914
- Hoppe Hardware Co. v. BainSupreme Court of Oklahoma · 1908
- Central Trust Co. of Illinois v. Southern Oil Corp.Court of Appeals for the Eighth Circuit · 1925
- McRoberts v. Upsher & UpsherSupreme Court of Oklahoma · 1935
- Riedell v. LydickSupreme Court of Oklahoma · 1936
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