Oklahoma Nat. Bank v. Chicago, R. I. & P. Ry. Co.

Supreme Court of Oklahoma

Oklahoma Nat. Bank v. Chicago, R. I. & P. Ry. Co.

1915 OK 109, 146 P. 716, 45 Okla. 707, 1915 Okla. LEXIS 549

CourtSupreme Court of Oklahoma

DecidedFebruary 23, 1915

Docket3983

StatusPublished

Cited by1 cases

This text of 1915 OK 109 (Oklahoma Nat. Bank v. Chicago, R. I. & P. Ry. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oklahoma Nat. Bank v. Chicago, R. I. & P. Ry. Co., 1915 OK 109, 146 P. 716, 45 Okla. 707, 1915 Okla. LEXIS 549 (Okla. 1915).

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Opinion

TURNER, J.

This is a suit in damages for the conversion of 37 bales of cotton of an alleged value of $1,902.50. Plaintiff alleges itself to be the owner thereof as the owner and holder of bills of lading to shipper’s order, and that the cotton was converted by defendant in transit on its line of road from Sayre to Shawnee, Okla. The point raised by demurrer is conceded to be whether the statute of limitation (Rev. Laws 1910, sec. 4657, subd. 3) runs in lavor of a foreign corporation which has failed to comply with section 43, art. 9, sec. 260, Williams’ Ann. Constitution. This court has held that it does not in Hale v. St. Louis & S. F. Ry. Co., 39 Okla. 192, 134 Pac. 949, and in St. Louis etc., R. Co. v. Bloom, 39 Okla. 78, 134 Pac. 432.

As defendant seems to so concede by failure to file brief, the judgment of the trial court in sustaining a demurrer to the petition is reversed,. and the case remanded.

All the Justices concur.

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TURNER, J.

This is a suit in damages for the conversion of 37 bales of cotton of an alleged value of $1,902.50. Plaintiff alleges itself to be the owner thereof as the owner and holder of bills of lading to shipper’s order, and that the cotton was converted by defendant in transit on its line of road from Sayre to Shawnee, Okla. The point raised by demurrer is conceded to be whether the statute of limitation (Rev. Laws 1910, sec. 4657, subd. 3) runs in lavor of a foreign corporation which has failed to comply with section 43, art. 9, sec. 260, Williams’ Ann. Constitution. This court has held that it does not in Hale v. St. Louis & S. F. Ry. Co., 39 Okla. 192, 134 Pac. 949, and in St. Louis etc., R. Co. v. Bloom, 39 Okla. 78, 134 Pac. 432.

As defendant seems to so concede by failure to file brief, the judgment of the trial court in sustaining a demurrer to the petition is reversed,. and the case remanded.

All the Justices concur.

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Bluebook (online)

1915 OK 109, 146 P. 716, 45 Okla. 707, 1915 Okla. LEXIS 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oklahoma-nat-bank-v-chicago-r-i-p-ry-co-okla-1915.

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