Hoppe Hardware Co. v. Bain
Supreme Court of Oklahoma
Error from District Court, Kay County; before Bayard T. Earner, Judge. Action by the Hoppe Hardware Company against Dan A. Bain and C. 0. Baker. Judgment for defendants, and plaintiff brings error. This is an action in replevin, brought by the plaintiff in error (plaintiff below) against the defendants in error (defendants below) in the district court of Kay county, which resulted in judgment in that court for defendants.
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Error from District Court, Kay County; before Bayard T. Earner, Judge. Action by the Hoppe Hardware Company against Dan A. Bain and C. 0. Baker. Judgment for defendants, and plaintiff brings error. This is an action in replevin, brought by the plaintiff in error (plaintiff below) against the defendants in error (defendants below) in the district court of Kay county, which resulted in judgment in that court for defendants. The material facts disclosed by the evidence in the case and involved in the consideration of the assignments of error are as follows: For a number of years prior to…
1Opinion of the Court
Hatés, «T.
(after stating the facts as above). Counsel for both parties to this suit have, we think correctly, admitted in their briefs that this case turns upon the proposition whether the act of Mr. Hoppe in organizing the Hoppe Hardware Company, a corporation, and in transferring to it his stock of merchandise for a consideration of $10,000 recited in the bill of sale, and having 38 shares of the stock of the corporation issued to his brother-in-law, and 31 shares to his wife in payment of indebtedness due by him to them, when by a collateral secret agreement it was provided that be should…
2Cases cited15 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Lukins v. AirdSupreme Court of the United States · 1867
- Means v. DowdSupreme Court of the United States · 1888
- McKennon v. WinnSupreme Court of Oklahoma · 1893
- R. L. McDonald & Co. v. HooverSupreme Court of Missouri · 1898
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3Cited by7 opinions
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
- United States v. Champlin Refining Co.Court of Appeals for the Tenth Circuit · 1946
- Clark v. HuckabyCourt of Appeals for the Eighth Circuit · 1928
- Creekmore v. Redman Industries, Inc.Court of Civil Appeals of Oklahoma · 1983
- Maxwell v. GillespeySupreme Court of Oklahoma · 1925
2 more not listed; retrieve them via the Exa API.