Kingfisher Nat. Bank of Kingfisher v. Johnson
Supreme Court of Oklahoma
Error from District Court, Kingfisher County; C. K. Irwin, Judge. Action by the Kingfisher National Bank of Kingfisher against C. B. Johnson and George M. King. Judgment for defendants, and plaintiff brings error. This is an action upon a promissory note brought by Kingfisher National Bank, who is plaintiff both in this court and the court below, against C. B. Johnson and Geo. M. King, defendants in the court below.
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Error from District Court, Kingfisher County; C. K. Irwin, Judge. Action by the Kingfisher National Bank of Kingfisher against C. B. Johnson and George M. King. Judgment for defendants, and plaintiff brings error. This is an action upon a promissory note brought by Kingfisher National Bank, who is plaintiff both in this court and the court below, against C. B. Johnson and Geo. M. King, defendants in the court below. Defendant Johnson filed no answer to plaintiff’s petition and made default. Defendant King filed an answer, counterclaim and cross-petition, to which demurrer was filed by…
1Opinion of the CourtHayes, J.
(after stating the facts as above. The court instructed the jury upon two theories of defense, to-wit: First, that the defendant King was an accommodation maker .of the note sued upon; and, secondly, that he was a surety on the note for the defendant Johnson who was the principal maker. To all of the instructions of the court given upon the theory that King was a surety on the note plaintiff excepted, and such instructions have been assigned in its petition as error, and it is insisted in this court by- plaintiff that such instructions were error, that they presented two inconsistent theories…
2Cases cited2 opinions
- Missouri Pacific Railway Co. v. PierceSupreme Court of Kansas · 1885
- Meyer v. ReimerSupreme Court of Kansas · 1902
3Cited by12 opinions
- Brownell v. MooreheadSupreme Court of Oklahoma · 1917
- St. Louis S. F. R. Co. v. BilbySupreme Court of Oklahoma · 1913
- Gulf, C. & S. F. Ry. Co. v. HarpoleSupreme Court of Oklahoma · 1925
- Obenchain Boyer v. Incorporated Town of RoffSupreme Court of Oklahoma · 1911
- St. Louis & S. F. R. v. DobynsSupreme Court of Oklahoma · 1916
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