Legal Opinion

Burks v. American Nat. Bank of Tulsa

Supreme Court of Oklahoma

Decided January 23, 1923No. 10758PublishedCited by 8 opinions

Error from District Court, Oklahoma County; Edward Dewes Oldfield, Judge. Action by the American National Bank of Tulsa against Roy E. Burks, Sol Lewis, and H. L. Muldrow as sureties on notes. Judgment for plaintiff, and defendants bring error. Affirmed.

1Opinion of the CourtKane, J.

This was an action commenced by defendant in error, plaintiff below, against the plaintiffs in error, defendants below as unconditional indorsers of a promissory note. Hereafter, for convenience, the parties will be designated plaintiff and defendants, respectively, as they appeared in the trial court.

The petition of the plaintiff was in the usual form and admittedly states a cause of action. The answer of the defendants admits the execution of the note sued on and the endorsement thereof by the defendants, and by way of defense alleges, in substance: (1) That the note sued on was given and…

2Cases cited5 opinions

  1. Twine v. CareySupreme Court of Oklahoma · 1894
  2. Southern Surety Co. v. Municipal Excavator Co.Supreme Court of Oklahoma · 1916
  3. First National Bank v. JonesSupreme Court of Oklahoma · 1894
  4. Bowker v. LintonSupreme Court of Oklahoma · 1918
  5. Rizer v. GillpatrickSupreme Court of Kansas · 1876

3Cited by8 opinions

  1. State Ex Rel. Moshe v. NorickSupreme Court of Oklahoma · 1999
  2. Oklahoma Press Publishing Co. v. GulagerSupreme Court of Oklahoma · 1934
  3. Exendine v. IronSupreme Court of Oklahoma · 1931
  4. Phillips v. BarkerSupreme Court of Oklahoma · 1954
  5. Kriewitz v. TaylorSupreme Court of Oklahoma · 1935

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