Rucks-Brandt Constr. Corp. v. Silver, Case Number: 31029

CourtSupreme Court of Oklahoma
Writing for the CourtARNOLD, J.
Citation151 P.2d 399,1944 OK 215,194 Okla. 324
PartiesRUCKS-BRANDT CONSTRUCTION CORP. et al. v. SILVER
Decision Date16 May 1944
Docket NumberCase Number: 31029

1944 OK 215
151 P.2d 399
194 Okla. 324

RUCKS-BRANDT CONSTRUCTION CORP. et al.
v.
SILVER

Case Number: 31029

Supreme Court of Oklahoma

Decided: May 16, 1944


Syllabus

¶0 1. WORKMEN'S COMPENSATION--App unpaid portions of award become due when award is filed in office of court clerk of any county.

Where a final award of the Industrial Commission has been filed in the office of the court clerk of any county after compliance with 85 O.S. 1941 §§ 41-42, all unpaid portions thereof thereupon become due and payable.

2. SAME--Action in nature of creditor's bill maintainable after award filed in office of court clerk.

Where an award has been filed in the office of the court clerk of any county under the -provisions of 85 O. S. 1941 § 42, an action in the nature of a creditor's bill may be maintained thereon as provided by 12 O. S. 1941 § 841.

3. EXECUTION--Right of judgment creditor to proceed against equitable or other interests of judgment debtor.

Under the provisions of 12 O. S. 1941 § 841, a judgment creditor may proceed against any interest under a contract, claim, or chose in action due or to become due the judgment debtor.

4. APPEAL AND ERROR-- CREDITOR'S SUIT--Review of finding as to fraudulent transfer of property of judgment debtor.

A fraudulent transfer of property of a judgment debtor to third parties, naming them, may be reached by creditor's bill and the finding of the court that said third parties have in their possession funds or credits belonging to the judgment debtor will be reviewed for the purpose of determining whether the same is clearly against the weight of the evidence.

Appeal from District Court, Tulsa County; Oras A. Shaw, Judge.

Action in nature of creditor's bill by C. C. Silver against the Rucks-Brandt Construction Corporation and others. From the judgment, both sides appeal. Affirmed in part and reversed in part.

Roy V. Lewis and Marvin T. Johnson, both of Tulsa, for plaintiffs in error.

J. M. Bicking, of Tulsa, and L. N. Houston, A. L. Emery, and C. B. McCrory, all of Okmulgee, for defendant in error.

ARNOLD, J.

¶1 This action was commenced on December 12, 1934, by C. C. Silver. He was afterwards declared incompetent and is represented herein by guardian ad litem, C. R. Nixon. We will refer to C. C. Silver as plaintiff.

¶2 The suit was brought jointly against the Rucks-Brandt Construction Company, Rucks-Brandt Construction Corporation, B. F. Rucks, William M. Thompson, and R. Brandt. Thompson was eliminated as a party. The action is in the nature of a creditor's bill. At the conclusion of the trial by the court on April 21, 1941, judgment was entered for the plaintiff against the defendants jointly for $4,439.78, provoking appeal by the Rucks-Brandt Construction Corporation, R. Brandt, and B. F. Rucks. The plaintiff has cross-appealed.

¶3 The record discloses that on December 30, 1931, the State Industrial Commission entered an award in favor of plaintiff and against the Rucks-Brandt Construction Company and its insurance carrier, the Southern Surety Company, for $9,000 for permanent total disability occasioned by an injury sustained while he was engaged in a hazardous employment as defined by the Workmen's Compensation Law, 85 O. S. 1941 § 1, et seq. On the 2nd day of May, 1932, the secretary of, the State Industrial Commission advised the Rucks-Brandt Construction Company that it would be necessary for it to make payment of the award since the Southern Surety Company had failed or that it would be necessary to have the award filed in the court clerk's office and execution issued thereon.

¶4 On May 10, 1932, Rucks-Brandt Construction Company executed a chattel mortgage for $10,000 to the First National Bank & Trust Company of Tulsa, Okla. On May 17, 1932, the award was certified to the district court of Tulsa county. On the same day an affidavit for garnishment was filed by the plaintiff, and on said date an order in garnishment was issued to the city of Tulsa to reach certain funds owed by the city of Tulsa to the Rucks-Brandt Construction Company. However, this order was not served on the city. On the same day the Rucks-Brandt Construction Company obtained a district court order enjoining the sheriff from levying execution on the award. On May 18th the application for injunction was filed in the office of the court clerk. On May 18th the Rucks-Brandt Construction Corporapany received a warrant in the sum of $7,904.30 from the city of Tulsa as payment on a contract for the construction of a bridge over the Arkansas river near the city of Tulsa. On the same day this warrant was deposited in the Fourth National Bank of Tulsa, Okla., in the name of "R. B. Company." Thereafter the Rucks-Brandt Construction Corporation was perfected, and on May 25, 1932, authorized to do business in Oklahoma. The officers of the new corporation were William M. Thompson, R. Brandt, and B. F. Rucks. These are the same officers as the officers and directors of the Rucks-Brandt Construction Company. On the same date the defendant assigned its contract with the city of Tulsa to the new corporation, and it is apparent that all its property was also assigned to the new company. Between June 8 and October 6, 1932, the city of Tulsa paid to the Rucks-Brandt Construction Corporation on the contract made by it with the Rucks-Brandt Construction Company for the construction of the Arkansas river bridge the total sum of $68,870.16.

¶5 On June 7, 1932, the injunction obtained by the Rucks-Brandt Construction Company was dissolved. On June 15th the Rucks-Brandt Construction Company filed a second injunction suit against the plaintiff and the sheriff of Tulsa county. On September 23rd the Rucks-Brandt Construction Company filed its appeal in the Supreme Court from the order and judgment of the district court of Tulsa county dissolving the injunction issued June 15th. On July 18, 1933, this court affirmed the judgment dissolving the injunction and entered...

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20 practice notes
  • In re Western World Funding, Inc., Bankruptcy No. 82-477
    • United States
    • United States Bankruptcy Courts. Ninth Circuit. U.S. Bankruptcy Court — District of Nevada
    • September 5, 1985
    ...Bills §§ 1-93 (1981). A creditor may reach a chose in action of his corporate debtor, RucksBrandt Const. Corp. v. Silver, 194 Okl. 324, 151 P.2d 399, 402 (1944) (statutory), including the liability of officers and directors for diversion of assets, mismanagement, or negligence. 10 Fletcher ......
  • PFL Life Ins. Co. v. Franklin, No. 86950
    • United States
    • Supreme Court of Oklahoma
    • April 14, 1998
    ...6 at 143-44; Moran v. State ex rel. Derryberry, 1975 OK 69, 534 P.2d 1282, 1286; Rucks-Brandt Const. Corporation v. Silver, 194 Okl. 324, 151 P.2d 399, 401 [1944]; see also Lum v. Lee Way Motor Freight, Inc., 1987 OK 112, 757 P.2d 810, 14 Once a claim is decided against the employer, the li......
  • Baptist Medical Center of Oklahoma, Inc. v. Aguirre, No. 84933
    • United States
    • Supreme Court of Oklahoma
    • December 24, 1996
    ...is the employer who is liable for compensation due under the terms of an award. Rucks-Brandt Const. Corporation v. Silver, 194 Okl. 324, 151 P.2d 399, 401 12 Romero, supra note 9 at 1254; Rhynes v. Epperson, Okl., 606 P.2d 565, 566 (1980); Bilecki, supra note 8 at 454. 13 Romero, supra note......
  • Tulsa Stockyards, Inc. v. Clark, No. 112240.
    • United States
    • Supreme Court of Oklahoma
    • March 11, 2014
    ...terms. Atlas Wiring Co. v. Dorchester, 168 Okl. 337, 32 P.2d 913 [ (1934) ], and Rucks–Brandt Const. Corporation v. Silver, 194 Okl. 324, 151 P.2d 399 [ (1944) ]. It is plain the insured employer [321 P.3d 192]is interested in seeing the Fund maintains reserves sufficient to pay any claims.......
  • Request a trial to view additional results
20 cases
  • In re Western World Funding, Inc., Bankruptcy No. 82-477
    • United States
    • United States Bankruptcy Courts. Ninth Circuit. U.S. Bankruptcy Court — District of Nevada
    • September 5, 1985
    ...Bills §§ 1-93 (1981). A creditor may reach a chose in action of his corporate debtor, RucksBrandt Const. Corp. v. Silver, 194 Okl. 324, 151 P.2d 399, 402 (1944) (statutory), including the liability of officers and directors for diversion of assets, mismanagement, or negligence. 10 Fletcher ......
  • PFL Life Ins. Co. v. Franklin, No. 86950
    • United States
    • Supreme Court of Oklahoma
    • April 14, 1998
    ...6 at 143-44; Moran v. State ex rel. Derryberry, 1975 OK 69, 534 P.2d 1282, 1286; Rucks-Brandt Const. Corporation v. Silver, 194 Okl. 324, 151 P.2d 399, 401 [1944]; see also Lum v. Lee Way Motor Freight, Inc., 1987 OK 112, 757 P.2d 810, 14 Once a claim is decided against the employer, the li......
  • Baptist Medical Center of Oklahoma, Inc. v. Aguirre, No. 84933
    • United States
    • Supreme Court of Oklahoma
    • December 24, 1996
    ...is the employer who is liable for compensation due under the terms of an award. Rucks-Brandt Const. Corporation v. Silver, 194 Okl. 324, 151 P.2d 399, 401 12 Romero, supra note 9 at 1254; Rhynes v. Epperson, Okl., 606 P.2d 565, 566 (1980); Bilecki, supra note 8 at 454. 13 Romero, supra note......
  • Tulsa Stockyards, Inc. v. Clark, No. 112240.
    • United States
    • Supreme Court of Oklahoma
    • March 11, 2014
    ...terms. Atlas Wiring Co. v. Dorchester, 168 Okl. 337, 32 P.2d 913 [ (1934) ], and Rucks–Brandt Const. Corporation v. Silver, 194 Okl. 324, 151 P.2d 399 [ (1944) ]. It is plain the insured employer [321 P.3d 192]is interested in seeing the Fund maintains reserves sufficient to pay any claims.......
  • Request a trial to view additional results

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