Legal Opinion

Security Trust & Savings Bank of Charles City v. Gleichmann

Supreme Court of Oklahoma

Decided July 6, 1915No. 4118PublishedCited by 26 opinions

Error' from District C.ourt, Canadian County; John J. Carney, Judge. Action by the Security Trust & Savings Bank of Charles City, Iowa, against G. F. Gleichmann. Judgment for defendant, and plaintiff brings error. [Note. — This case, tq the extent of the rule announced in the sixth paragraph of the syllabus and in so far as the same overrules Randolph v. Hudson, 12 Okla. 516, has been overruled by Union Nat.

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Error' from District C.ourt, Canadian County; John J. Carney, Judge. Action by the Security Trust & Savings Bank of Charles City, Iowa, against G. F. Gleichmann. Judgment for defendant, and plaintiff brings error. [Note. — This case, tq the extent of the rule announced in the sixth paragraph of the syllabus and in so far as the same overrules Randolph v. Hudson, 12 Okla. 516, has been overruled by Union Nat. Bank v. Mayfield, decided December 11, 1917.] This was an action by the plaintiff in error on two notes executed by the defendant in error to the Hart-Parr Company. The amended petition…

1Opinion of the Court

Opinion by

DEVEREUX, C.

(after stating the facts as above). The first assignment of error to be considered will be the charge of the court in regard to whether this was an Oklahoma or Iowa contract, and it will be noted that the court charged the jury that, if they “believed that the note was executed in Oklahoma, that that would make it an Oklahoma contract.” In this there was error. In Coghlan v. South Carolina Ry. Co., 142 U. S. 101, 12 Sup. Ct. 150, 35 L. Ed. 951, the Supreme Court of the United States say:

“We have seen that the bonds in suit were redeemable on the 1st day of January, 1866,…

2Cases cited28 opinions

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. Pritchard v. NortonSupreme Court of the United States · 1882
  3. Andrews v. PondSupreme Court of the United States · 1839
  4. McNight v. ParsonsSupreme Court of Iowa · 1907
  5. Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885

23 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Denison v. PhippsSupreme Court of Oklahoma · 1922
  2. Lambert v. SmithSupreme Court of Oklahoma · 1916
  3. Gladys Belle Oil Co. v. ClarkSupreme Court of Oklahoma · 1931
  4. Foster v. Augustanna College & Theological SeminarySupreme Court of Oklahoma · 1923
  5. Security Nat. Bank v. BohnefeldSupreme Court of Oklahoma · 1928

21 more not listed; retrieve them via the Exa API.

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