Daubert v. Mosley

3 Citing cases

  1. Denham v. Southwestern Bell Tel. Co.

    415 F. Supp. 530 (W.D. Okla. 1976)   Cited 3 times

    Fraud must be proved by clear and convincing evidence. Daubert v. Mosley, 487 P.2d 353 (Okla. 1971); Steiger v. Commerce Acceptance of Oklahoma City, Inc., 455 P.2d 81 (Okla. 1969). Plaintiff's evidence wholly fails to establish that Defendant has been guilty of fraud against him.

  2. Matter of Estate of Bradshaw

    606 P.2d 578 (Okla. 1980)   Cited 7 times

    Under the ground argued (contract for necessities), the estate is not obligated to pay the attorney's fees attributable to the accounting for which the incompetent attempted to contract. Note, however, the term "necessaries" is held not to be capable of rigid, inflexible definition, and depends at times upon the circumstances as evolved from the facts of each case. Daubert v. Mosley, 487 P.2d 353 (Okla. 1971). That portion of the work done by appellant in defense of the person and liberty of the ward as a necessary is payable from the estate of the ward.

  3. Whitmore v. N.J. Div. of Motor Vehicles

    137 N.J. Super. 492 (Ch. Div. 1975)   Cited 6 times
    In Whitmore, Judge Furman held N.J.S.A. 2A:44-20 et seq. unconstitutional on Fourteenth Amendment due process grounds in that the statutes failed "to afford to all automobile owners the opportunity to be heard judicially prior to divestment of title."

    Their automobiles are necessities for daily transportation. See So. Burlington Cty. N.A.A.C.P. v. Mt. Laurel Tp., 67 N.J. 151, 172-173 (1975); Streeter v. Brogan, 113 N.J. Super. 486, 492 (Ch.Div. 1971); Bancredit, Inc. v. Bethea, 65 N.J. Super. 538, 549 (App.Div. 1961); Daubert v. Mosley, 487 P.2d 353, 356-357, 56 A.L.R.3d 1328, 1333-1334 (Okla.Sup.Ct. 1971); Ehrsam v. Borgen, 185 Kan. 776, 347 P.2d 260, 263-264 (Sup.Ct. 1959), categorizing the automobile as a necessity to a substantial proportion of the United States population. Ownership of an automobile bears with it financial responsibilities, including that of maintaining liability insurance coverage.