Strickler v. Gitchel
Supreme Court of Oklahoma
Error from the District Court of Garfield County; before James K. Beauchamp, Trial Judge. STATEMENT.. OE EACTS. This is an action for contribution, 'brought by Phoebe ‘Gitchel against Jacob B. Striclder, as a co-surety on two . promissory notes, alleged to have been paid by the plaintiff. 'The material averments in the petition are, that on March 20, 1899, the firm of Striclder Brothers, composed of H. E. Striclder, J. E. Strickler, A. L. Strickler, and Edna J. Strick-ler,…
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Error from the District Court of Garfield County; before James K. Beauchamp, Trial Judge. STATEMENT.. OE EACTS. This is an action for contribution, 'brought by Phoebe ‘Gitchel against Jacob B. Striclder, as a co-surety on two . promissory notes, alleged to have been paid by the plaintiff. 'The material averments in the petition are, that on March 20, 1899, the firm of Striclder Brothers, composed of H. E. Striclder, J. E. Strickler, A. L. Strickler, and Edna J. Strick-ler, who were doing a general merchandise business in S-hel-don, in the State of Illinois, under tbe firm name and style of…
1Opinion of the Court
Opinon of the court by
Hainer, J.:
The first error assigned and argued by the plaintiff in error is, that the court erred in overruling the -demurrer to the evidence on the ground that the plaintiff had failed to prove a cause of action.
The defendant, is his answer, admitted the execution of the notes as alleged in the plaintiff’s petition, and therefore .admitted that the notes were signed by the plaintiff and de- ■ fendant as sureties for Strickler Brothers. The defendant .also admitted that the notes were paid, but'alleged in his an.swer said notes were fully paid by one Mendenhall, cashier…
2Cases cited3 opinions
- Archer v. United StatesSupreme Court of Oklahoma · 1900
- Everett v. AkinsSupreme Court of Oklahoma · 1899
- Kramer v. EwingSupreme Court of Oklahoma · 1900
3Cited by22 opinions
- Cobb v. MartinSupreme Court of Oklahoma · 1912
- Armstrong, Byrd & Co. v. CrumpSupreme Court of Oklahoma · 1910
- Bank of the Wichitas v. LedfordSupreme Court of Oklahoma · 2006
- Winans v. HareSupreme Court of Oklahoma · 1915
- McMaster v. City Nat. Bank of LawtonSupreme Court of Oklahoma · 1909
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