Sullins v. Farmers Exchange Bank
Supreme Court of Oklahoma
Error from the District Court of Nolle County; before, Bayard T. Rainer, Trial Judge. STATEMENT OF FACTS. On tbe 18th of July, 1902, the parties to this action entered into an agreement partly in writing and partly in parol the written part of which is in the following words: "FARMERS EXCHANGE BANK. “E. E. Fan Slyke, Pres. W. L. Atherton, Cash. "CERES, Orla.
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Error from the District Court of Nolle County; before, Bayard T. Rainer, Trial Judge. STATEMENT OF FACTS. On tbe 18th of July, 1902, the parties to this action entered into an agreement partly in writing and partly in parol the written part of which is in the following words: "FARMERS EXCHANGE BANK. “E. E. Fan Slyke, Pres. W. L. Atherton, Cash. "CERES, Orla. July 18, 1902. “This is to certify that J. P. Sullins has this day deposited with the Farmers Bank of Ceres, Oklahoma, $1600 to be paid to the grantors on their order, upon the presentation of a deed duly approved by the secretary of the…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
Three propositions are presented by the argument of counsel for the plaintiff in error, upon which they ask for a reversal of the judgment on this case: “First the notes sued on were non-negotiable upon their face: Second, upon the undisputed evidence the'only consideration for these notes was a promise on the part of the bank to pay $1600.00 to a third person for the benefit- of Sullins, and to pay to Sullins the sum of $50.00. The sum of $100.00 is an excess of 12 per cent interest on $1650.00 for six months and the contract is therefore usurious: Third,…
2Cases cited4 opinions
- Garvin v. LintonSupreme Court of Arkansas · 1896
- German Bank v. DeShonSupreme Court of Arkansas · 1883
- Cooper v. NockIllinois Supreme Court · 1862
- Moody v. HawkinsSupreme Court of Arkansas · 1868
3Cited by4 opinions
- Covington v. FisherSupreme Court of Oklahoma · 1908
- Gault v. ThurmondSupreme Court of Oklahoma · 1913
- De Noya v. Hill Inv. Co.Supreme Court of Oklahoma · 1909
- Kaiser v. GeisSupreme Court of Oklahoma · 1915