Jordan v. Butler

Boslaugh, Smith, and McCown, JJ.,

dissenting in part.

Concurring with the result in respect to the interest of Securities, we dissent otherwise. Two problems are: (1) Denial of continuance, and (2) the appellate holding “that Jordan is entitled to judgment against * * * Duane * * * for the * * * price of the cattle sold to Jack.” The record is significant.

Jordan’s pleadings do not state that Duane committed fraud. Jordan freely admits that Securities in good faith gave value. His theory is this: The law permits the immediate transferee of the original purchaser, but not a subsequent transferee,…