Legal Opinion

Terry v. Gravitt

Supreme Court of Oklahoma

Decided March 28, 1916No. 6704PublishedCited by 3 opinions

Error from County Court, Bryan County; J. L. Rappolee, Judge. Action by J. E. Terry against Maggie Gravitt and another. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

Opinion by

RITTENHOUSE, C.

The sole question necessary for determination in this case pertains to the giving of a peremptory instruction, which was given on the theory that Mrs. Maggie Gravitt signed the note under consideration as surety for Johnnie Gravitt after the contract was consummated; it being contended that she was not a party to the original transaction, but in pursuance of a subsequent agreement she signed such note as surety, and that the same was- a new and independent contract, which must be supported by a new and independent consideration.

If the evidence in support of this…

2Cases cited1 opinion

  1. Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913

3Cited by3 opinions

  1. Davis v. First Nat. Bank of ButlerSupreme Court of Oklahoma · 1924
  2. Opperud v. TwedellSupreme Court of Oklahoma · 1935
  3. Keller v. TracySupreme Court of Oklahoma · 1938

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