Fant v. Campbell
Supreme Court of Oklahoma
Error from the District Court of Cleveland County j 'before Jaimes R. Keaton, District Judge. . STATEMENT OF THE CASE. Plaintiff in error, D. R. Fant, who was the plaintiff in the court below, filed his petition and praecipe for summons against the defendants, J. Y. Campbell and J. ,M. Stovall, on February 1, 1896, in the district court of '•Cleveland county, Oklahoma, stating a cause of action upon each of two promissory notes dated November 2, 1892,— one for $3,155, and…
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Error from the District Court of Cleveland County j 'before Jaimes R. Keaton, District Judge. . STATEMENT OF THE CASE. Plaintiff in error, D. R. Fant, who was the plaintiff in the court below, filed his petition and praecipe for summons against the defendants, J. Y. Campbell and J. ,M. Stovall, on February 1, 1896, in the district court of '•Cleveland county, Oklahoma, stating a cause of action upon each of two promissory notes dated November 2, 1892,— one for $3,155, and the other for $950, — both due in six months from date, with interest at 10 per cent, per annum from date, payable at the…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
Several assignments of error are presented by the plaintiff in error on which it is asked that this case be reversed, but we think it necessary to refer-• to but two, viz.: First. The error assigned on account of the third and fifth instructions given by the court to-the jury. The third instruction is as follows: “And before either defendant can be bound for the payment of ‘ said notes, or either of them, -or any portion thereof, the-plaintiff must show by a preponderance -of the evidence-.that such defendant either executed said note himself,, or authorized…
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