Cressler v. Brown
Supreme Court of Oklahoma
Error from District Court, Blaine County; ..Tliomas A. Edwards, Judge. ‘-■"Action by Estella S. 'Starkweather against Ered Brown, Mary Brown, C. W. Cressler, and others to recover on promissory note and foreclose real estate mortgage. Judgment for plaintiff, and cross-defendant Cressler, a junior mortgagee, filed a plea of res judi-cata, to which cross-defendants Brown filed .demurrer.
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Error from District Court, Blaine County; ..Tliomas A. Edwards, Judge. ‘-■"Action by Estella S. 'Starkweather against Ered Brown, Mary Brown, C. W. Cressler, and others to recover on promissory note and foreclose real estate mortgage. Judgment for plaintiff, and cross-defendant Cressler, a junior mortgagee, filed a plea of res judi-cata, to which cross-defendants Brown filed .demurrer. Judgment of the trial court sustaining the demurrer to the plea of res judi-cata, and Cressler brings error. On December 8, 1913, Estella S. Stark-weather commenced this action in the district court of Blaine…
1Opinion of the CourtRamsey, J.
(after stating the case). 1. Under the Negotiable Instruments Law, seetion 4088, Rev. Laws 1910, the indorsement of the note by B. E. Cressler to C. W. Cressler, without recourse, is a qualified in-dorsement, and made C. W. Cressler a mere assignee of the title. Such qualified indorsement, under section 4115, Rev. Laws 1910, *174made K. E. Orossler a warrantor that (1) said note is genuine and in all respects what it purports to be; (2) that he had a good title to it; (3) that the makers had capacity to contract; and (4) that he, E. E. Oressler, had no knowledge of any fact which would impair the…
2Cases cited71 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- United States v. California Bridge & Construction Co.Supreme Court of the United States · 1917
- James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
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3Cited by1 opinion
- Thompson v. Phillips Petroleum Co.Supreme Court of Oklahoma · 1944