Adams v. Thurmond
Supreme Court of Oklahoma
Error from District Court, Carter County; S. H. Russell, Judge. Action by J. A. Thurmond against Arthur Adams and another. Judgment for the plaintiff, and defendants bring error.
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Error from District Court, Carter County; S. H. Russell, Judge. Action by J. A. Thurmond against Arthur Adams and another. Judgment for the plaintiff, and defendants bring error. This was an action on two promissory notes, both dated March 29, 1909, each for $425, one due on the 29th of September, 1909, and the other due on the 29th of March, 1910, with interest at 8 per cent, from date, and with the further provision that, in case of collection by suit or attorney, the makers of the notes were to pay 10 per cent, of the amount of said notes as an attorney fee. These notes were payable to…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). The first question presented is, was the note negotiable? The note is dated March 29, 1909, and is governed by the law as it existed prior to the enactment of the negotiable instrument law (chapter 49, Rev. Laws 1910). This act was passed at the session of the Legislature of 1909, and contained no emergency clause, and was therefore not in effect when these notes were given. It is provided by section 4049, Rev. Laws 1910:
“The provisions of this chapter do not apply to negotiable instruments made and delivered prior to the passage…
2Cases cited15 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Jones v. Citizens' State BankSupreme Court of Oklahoma · 1913
- Gamble v. RileySupreme Court of Oklahoma · 1913
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3Cited by10 opinions
- In Re Initiative Petition No. 2 of CushingSupreme Court of Oklahoma · 1932
- Halsell v. First Nat. Bank of MuskogeeSupreme Court of Oklahoma · 1915
- Yeager v. JacksonSupreme Court of Oklahoma · 1933
- Republic Nat. Bank of St. Louis v. First State Bank of OiltonSupreme Court of Oklahoma · 1925
- Moline Plow Co. v. WilsonSupreme Court of Oklahoma · 1918
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