Wm. J. Lemp Brewing Co. v. Secor
Supreme Court of Oklahoma
Error from District Court, Comanche Countyj before F. E. Gil-lettef Judge. Action by the Wm. J. Lemp Brewing Company against C. A. Secor and others. Judgment for defendants, and.plaintiff brings error.
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Error from District Court, Comanche Countyj before F. E. Gil-lettef Judge. Action by the Wm. J. Lemp Brewing Company against C. A. Secor and others. Judgment for defendants, and.plaintiff brings error. On the 25th day of May, A. D. 1904, plaintiff in error, as plaintiff, commenced this action against the defendants in error, C. A. Secor, Hub Crawford, R. B. Stevens, J. E. Dyche, Elliott F. Hook, as trustee in bankruptcy for M. S. Simpson, bankrupt, J. W. Bozeman, J. A. Pratt, S. L. Cheek, G. D. Ledgerwood, C. E. Bear, Charles Yahn, W. M. Bruce; George S. Bailey, R. R. Pritchard, and J. P.…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). The sole question presented in this record is whether or not the facts show an assent to the variation of the agreement between plaintiff’s agent and said sureties. The jury, having found the issues in favor of all the defendants, necessarily found that the agreement and representations between plaintiff’s agent and the principal obligor, Secor, and said defendants, were as contended by said defendants.
In the case of Holliday et al. v. Poole el al., 77 Ga. 160, one of the defendants filed a plea to the petition or declaration, as follows:
“He is surety only…
2Cases cited5 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Bank of Monroe v. Anderson Bros. Mining & RailwaySupreme Court of Iowa · 1885
- Cartmel v. NewtonIndiana Supreme Court · 1881
- Fuller v. KempNew York Court of Common Pleas · 1891
- Waterbury v. AndrewsMichigan Supreme Court · 1887
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- Lamm & Co. v. ColcordSupreme Court of Oklahoma · 1908
- Honnold v. Brd. of Com'rs Carter Co.Supreme Court of Oklahoma · 1916
- Mitchell v. Altus State BankSupreme Court of Oklahoma · 1912
- City of Tecumseh v. BurnsSupreme Court of Oklahoma · 1911
- Sosbee v. ClarkSupreme Court of Oklahoma · 1922
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