Frank H. Harrah & Co. v. First Nat. Bank of Tonkawa
Supreme Court of Oklahoma
Error from Kay County Court; Glande Duval, Judge. Action by Frank H. Harrah & Co. against the First National Bank of Tonkawa. Judgment for defendant, and plaintiff brings error. On the 19th day of March, 1908, plaintiff in error as plaintiff commenced its action in the county court of Kay county against the defendant in error as defendant, to recover the sum of $216.40 for money had and received.
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Error from Kay County Court; Glande Duval, Judge. Action by Frank H. Harrah & Co. against the First National Bank of Tonkawa. Judgment for defendant, and plaintiff brings error. On the 19th day of March, 1908, plaintiff in error as plaintiff commenced its action in the county court of Kay county against the defendant in error as defendant, to recover the sum of $216.40 for money had and received. Plaintiff in part alleged that between the 21st day of September, 1907, and the 16th day of November, 1907, inclusive, the plaintiff deposited in the said First National Bank of Tonkawa the sum of…
1Opinion of the CourtWilliams, J.
(after stating the facts as above.) The only question essential for determination is as to the motion for a directed verdict in favor of the plaintiff. There is no evidence reasonably. tending to show any agency of F. S. Stewart or the Ton-kawa Commission Company, or of any authority given by the plaintiff to make the draft in question. The uncontroverted evidence was that Stewart went to Tonkawa and opened up the business of the Tonkawa Commission Company for himself, he to pay a monthly rental and one-fifth of the commission for the use of plaintiffs wire; that plaintiff and the Tonkawa…
2Cases cited1 opinion
- Stock Exchange Bank v. WilliamsonSupreme Court of Oklahoma · 1897
3Cited by10 opinions
- Conwill v. EldridgeSupreme Court of Oklahoma · 1918
- Offutt v. WagonerSupreme Court of Oklahoma · 1911
- Fitzpatrick v. NationsSupreme Court of Oklahoma · 1911
- Brisley v. MahaffeySupreme Court of Oklahoma · 1917
- Gower v. ShortSupreme Court of Oklahoma · 1912
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