Foster v. McAlester
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. This action was brought by J. Foster & Co., the plaintiffs in error, in the United States court for the Northern district of the Indian Territory, at Muskogee. against James J. McAlester and others, the defendants in error, to recover the value of a stock of general merchandise.
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In Error to the United States Court of Appeals in the Indian Territory. This action was brought by J. Foster & Co., the plaintiffs in error, in the United States court for the Northern district of the Indian Territory, at Muskogee. against James J. McAlester and others, the defendants in error, to recover the value of a stock of general merchandise. The plaintiffs acquired their right to the goods under a chattel mortgage thereon executed by John G. Terrell, Elmer Terrell, and J. C. Terrell, composing the firm of E. Terrell & Co., retail merchants doing business at Wagoner, in the Indian…
1Opinion of the Court
CALDWELL, Circuit Judge,
after stating the case as above, delivered tbe opinion of the court.
Indisputably, on the record before us, the chattel mortgage executed by E. Terrell & Co. to the plaintiffs on the 28th d,a.y of January, 1895, was on its face a valid instrument; and the debt it was given to secure, a bona fide debt. There is, indeed, no pretense that Terrell & Co. did not honestly owe the plaintiffs the debt the mortgage was given to secure. This being so, we proceed to a *148consideration of the grounds upon which the defendants seek to avoid it. The only testimony in the record relating…
2Cases cited13 opinions
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887
- Smith v. CraftSupreme Court of the United States · 1887
- Nat. Park Bk. of N.Y. v. . WhitmoreNew York Court of Appeals · 1887
- Bank of Little Rock v. FrankSupreme Court of Arkansas · 1896
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- Dunlap v. Seattle National BankWashington Supreme Court · 1916
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- Budd v. CommissionerCourt of Appeals for the Third Circuit · 1930
- In re HawksDistrict Court, D. Kansas · 1913
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