Bourland v. Madill State Bank
Supreme Court of Oklahoma
Error from Marshall County Court; J. W. Ealkner, Judge. Action by Henry Bourland against the Madill State Bank and others. Judgment for defendants, and plaintiff brings error.
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Error from Marshall County Court; J. W. Ealkner, Judge. Action by Henry Bourland against the Madill State Bank and others. Judgment for defendants, and plaintiff brings error. This suit was filed by Henry Bourland June 14, 1909, against the Madill State Bank as successor to the Madill National Bank, and John L. Derrick, W. S. Derrick, and J. D. Arbuckle as trustees of the Madill National Bank for the recovery of $500 alleged to be due plaintiff by reason of defendant’s negligence iri failing to collect a $500 note due to plaintiff from one R. J. Wheeler, and alleging that said note had been…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). The first assignment of error, we think, is meritorious. While the petition is not sufficiently specific, definite, and certain in its statement of a cause of action against W.‘ S. Derrick, J. D. Arbuckle, and John L. Derrick, as trustees of the Madill National Bank, nor is it sufficiently definite and certain as to whether plaintiff seeks to proceed against said parties individually or in the capacity of trustees, nor is it specific as to whether the note in question was rendered uncollectible by reason of the alleged negligence, but…
2Cases cited3 opinions
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- Stiles, Treasurer v. City of GuthrieSupreme Court of Oklahoma · 1895
- McKee v. EatonSupreme Court of Kansas · 1881
3Cited by4 opinions
- Tucker v. HudsonSupreme Court of Oklahoma · 1913
- O'Neill v. CunninghamSupreme Court of Oklahoma · 1926
- Dieterle v. HarrisSupreme Court of Oklahoma · 1917
- Elms v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.Supreme Court of Oklahoma · 1962