Legal Opinion

Phelan v. Barnhart Bros. & Spindler

Supreme Court of Oklahoma

Decided June 3, 1919No. 9067PublishedCited by 9 opinions

Error from District Court, Oklahoma County; John W. Hayson, Judge. Action by J. R. Phelan against Barnhart Bros. &'Spindler. Verdict and judgment for defendant, motion for new trial overruled, and plaintiff brings error.

1Opinion of the CourtPitohford, J.

The plaintiff in error, J. R. Phelan, was the plaintiff in the trial court, and the defendant in error, Barnhart Bros. & Spindler, was the defendant below. The parties will be referred to hereafter as plaintiff and defendant. The plaintiff sued for the conversion of type and printing equipment upon which he held a chattel mortgage, which was duly filed for record. The mortgage had the usual written provisions against the mortgagor selling or disposing of the property without the written consent of the mortgagee. The plaintiff sought to recover from the defendant the sum of $200 on account of…

2Cases cited12 opinions

  1. Livingston v. StevensSupreme Court of Iowa · 1903
  2. Gaar, Scott & Co. v. RogersSupreme Court of Oklahoma · 1915
  3. Carr v. BrawleySupreme Court of Oklahoma · 1912
  4. Howard v. FarrarSupreme Court of Oklahoma · 1911
  5. New England Mortgage Security Co. v. Great Western Elevator Co.North Dakota Supreme Court · 1897

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Gulf, C. & S. F. Ry. Co. v. HarpoleSupreme Court of Oklahoma · 1925
  2. State Guaranty Bank v. DoerflerSupreme Court of Oklahoma · 1924
  3. Howell v. BoardSupreme Court of Oklahoma · 1939
  4. Missouri, K. & T. R. Co. v. WatkinsSupreme Court of Oklahoma · 1920
  5. Cudd v. Farmers Exchange BankSupreme Court of Oklahoma · 1919

4 more not listed; retrieve them via the Exa API.

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