McRoberts v. Citizens Nat. Bank of Muskogee

This action was instituted by the Citizens National Bank of Muskogee, as plaintiff, against F. M. McRoberts, R. T. Payne, and G. A. Derigo, as defendants, to recover a money judgment for $2,,329.22 (the alleged balance due on a promissory note), together with interest and attorneys’ fees as provided in the note. The defendant G. A. Derigo was never served with summons and is not a party to this appeal. The note upon which the action was based was a partnership obligation.

The defendants McRoberts and Payne defended upon the theory that the note had previously been secured by a mortgage on…