Wyman v. Herard
Supreme Court of Oklahoma
Errof from the District Court of Kay County; before A. G. C. Bierer, District Judge. STATEMENT OP THE CASE. TMs action was- begun October 2, 1895, in the district court of Kay county, to recover the contract price of certain cattle sold by the plaintiff, plaintiff in error here, to the defendant.
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Errof from the District Court of Kay County; before A. G. C. Bierer, District Judge. STATEMENT OP THE CASE. TMs action was- begun October 2, 1895, in the district court of Kay county, to recover the contract price of certain cattle sold by the plaintiff, plaintiff in error here, to the defendant. The petition averred that during the month of July, 1893, J. P. Baird and J. R. Ingram, as the firm of Baird & Ingram, executed five separate chattel mortgages to the Fish & Keck Commission company, engaged in the business of buying and selling live stock on commission, at Kansas City, Missouri, with…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
Among the questions raised by the assignment of errors are, that the trial court should not hare admitted the counter claim of the defendant; that it had no power to order an accounting by Wyman, as trustee; that the mortgages all provide for the protection of the proceeds of the sales of cattle, which were a part of the trust estate; that there could be no accounting until the proceeds, after deducting the expenses, became available; that the beneficiaries in the trust were the unpaid note holders comprehended in the second mortgage, and the other note…
2Cases cited30 opinions
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