American Nat. Bank of Sapulpa v. Bartlett
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McDERMOTT, Circuit Judge.
This appeal presents the question of the power of a managing agent of a retail store to execute a mortgage on the furniture, fixtures, and equipment of the store, to secure a pre-existing indebtedness. The referee and trial court held he was without such power; and, while the question of authority of an agent is ordinarily one of fact (21 R. C. L. 856), and while the findings of a referee in bankruptcy, approved by the trial court, will not be disturbed, unless clearly against the weight of the evidence (In re Ben Boldt, Jr., Floral Co. (10 C. C. A.) 37 F. (2d) 499),…
2Cases cited20 opinions
- Martin v. WebbSupreme Court of the United States · 1884
- Owings v. HullSupreme Court of the United States · 1835
- Bell v. CunninghamSupreme Court of the United States · 1830
- Reading Steel Casting Co. v. United StatesSupreme Court of the United States · 1925
- Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
15 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Glenn Hill v. Bache Halsey Stuart Shields Incorporated, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1986
- Clements v. JungertIdaho Supreme Court · 1965
- Edward R. Kenneally, Trustee of Reed Plumbing, Heating and Air-Conditioning, Inc. v. First National Bank of AnokaCourt of Appeals for the First Circuit · 1969
- Master Commodities, Inc. v. Texas Cattle Management Co.Court of Appeals for the Tenth Circuit · 1978
- Deboer Construction, Inc., Plaintiff-Appellee-Appellant v. Reliance Insurance Company and the Insurance Center, Inc., Defendants-Appellants-AppelleesCourt of Appeals for the Tenth Circuit · 1976
29 more not listed; retrieve them via the Exa API.