Wheeler & Motter Mercantile Co. v. Kitchen
Supreme Court of Oklahoma
Error from District Court, Ottawa County % Preston S. Davis, Judge. Action by the Wheeler & Motter Mercantile Compand against T. W. Kitchen and M. ■Sutton, partners doing business under the firm name and style of Kitchen & Sutton, Judgment for defendants, and plaintiff brings error.
1Opinion of the CourtMiley, J.
This was an action upon an admitted debt amounting to $371.63, and interest, alleged to be due the plaintiffs in error by defendants in error. The only defense was that the plaintiffs below before suit accepted a check for $156.08 from a trustee to whom ■ the defendants had assigned their property for the benefit of their creditors under circumstances which made it a discharge of the whole debt. The assignment provided that the amount received by the creditors accepting thereunder would be in full settlement and satisfaction of all claims of said .creditors.
The cause was submitted in the…
2Cases cited3 opinions
- First Nat. Bank of Durant v. School Dist. No. 4Supreme Court of Oklahoma · 1912
- Emerson v. GerberMassachusetts Supreme Judicial Court · 1901
- Groh v. Great Eastern Casualty & Indemnity Co.Appellate Court of Illinois · 1910
3Cited by13 opinions
- State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
- Borst v. RuffSupreme Court of Connecticut · 1950
- Hato Rey Electroplating, Inc. v. RodríguezSupreme Court of Puerto Rico · 1983
- American Telephone & Tel. Co. of Wyo. v. WalkerNew Mexico Supreme Court · 1967
- Gannon v. American Airlines, Inc.Court of Appeals for the Tenth Circuit · 1957
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