Harbaugh v. Walker

2 Citing cases

  1. Wren v. Bankers Investment Co.

    249 P.2d 712 (Okla. 1952)   Cited 6 times

    Under the circumstances that Pettigrew was a dealer in used cars and had possession of the certificate of title so endorsed and had possession of the automobile, it was made to appear that Pettigrew was the owner of the automobile when he applied for a loan and offered a mortgage on the automobile. Under the circumstances that the defendant voluntarily clothed Pettigrew with indicia of ownership and title, and the plaintiff, in good faith, relied on Pettigrew's apparent ownership in dealing with Pettigrew, the defendant is estopped to set up and claim ownership of the automobile in derogation of the plaintiff's mortgage taken from Pettigrew. Harbaugh v. Walker, 178 Okla. 280, 62 P.2d 626; Al's Auto Sales v. Moskowitz, supra. In the Moskowitz case we held:

  2. Sebring, Treas., v. Fagin

    141 P.2d 792 (Okla. 1943)   Cited 1 times

    We have many times held that state or municipal warrants, though negotiable in form, possess none of the attributes or qualities of commercial paper except that such can be transferred by delivery or assignment; that they are not negotiable instruments. Logan County Bank v. Farmers National Bank, 55 Okla. 592, 155 P. 561; Crawford v. Noble County, 8 Okla. 450, 58 P. 616; Jack v. National Bank, 17 Okla. 430, 89 P. 219; Harbaugh et al. v. Walker, 178 Okla. 280, 62 P.2d 626. See, also, Annotation in 36 A.L.R. 949; 21 How. (U.S.) 397, 16 L.Ed. 115. The general rule is that a thief or finder of a nonnegotiable instrument cannot convey title thereto.