Keeves & Co. v. Martin
Supreme Court of Oklahoma
Okla. T. Error from District Court, Woods County. Action in replevin by Eeeves & Co. against Hugh Martin. Judgment for defendant, and plaintiff brings error.. This is an action in replevin begun on the 10th day of August, 1903, by the plaintiff in error, as plaintiff, against the defendant in error, as defendant, in the lower court, and reference will herinafter be made to said parties as they appeared in said court.
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Okla. T. Error from District Court, Woods County. Action in replevin by Eeeves & Co. against Hugh Martin. Judgment for defendant, and plaintiff brings error.. This is an action in replevin begun on the 10th day of August, 1903, by the plaintiff in error, as plaintiff, against the defendant in error, as defendant, in the lower court, and reference will herinafter be made to said parties as they appeared in said court. In this action, based on two chattel mortgages to secure the payment of several promissory notes, possession of the following property was sought, to wit: Certain designated…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). It is first contended by plaintiff in error that the defendant was bound, as a condition precedent, to pay the $500 note when it matured before he could avail himself of the benefits of the stipulation of warranty against plaintiff, and rescind said contract, citing some authorities in support of its contention. On an examination we find that the authorities referred to have no application to the facts in this record. Whilst it is true that in the original order for the machinery defendant agreed to pay $500 on said machinery in cash, but subsequent thereto…
2Cases cited3 opinions
- Baley v. . Homestead Fire Ins. Co.New York Court of Appeals · 1880
- Baker v. Nichols & Shepard Co.Supreme Court of Oklahoma · 1901
- Breed v. First National BankSupreme Court of Colorado · 1882
3Cited by16 opinions
- Lorch v. PageSupreme Court of Connecticut · 1921
- Wiley v. StateCourt of Criminal Appeals of Oklahoma · 1960
- Keeling v. Travelers Ins. Co. of HartfordSupreme Court of Oklahoma · 1937
- United States Fire Ins. Co. v. L. C. Adam Merc. Co.Supreme Court of Oklahoma · 1926
- Heartsill v. StateCourt of Criminal Appeals of Oklahoma · 1959
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