McNeal v. Gossard
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Frank Dale, District Judge. On June 21st, 1886, W. W. S. Snoddy, and May M. Snoddy, his wife, executed and delivered a promissory note, in writing, of that date, with ten interest coupons attached thereto, to J. William Kelley, promising to pay three or five years after date, at the option of the maker, the sum of $2,000 with 8 per cent interest per annum, until default, payable semi-annually; and 12 per cent, interest…
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Error from the District Court of Logan County; before Frank Dale, District Judge. On June 21st, 1886, W. W. S. Snoddy, and May M. Snoddy, his wife, executed and delivered a promissory note, in writing, of that date, with ten interest coupons attached thereto, to J. William Kelley, promising to pay three or five years after date, at the option of the maker, the sum of $2,000 with 8 per cent interest per annum, until default, payable semi-annually; and 12 per cent, interest thereon after default, payable semi-annually; and, to secure the payment of the same, executed and delivered to said…
1Opinion of the Court
Opinion of the court by
TaRsnex, J.:
The first assignment in’error relied upon by plaintiff in error arises upon the action of the court below in overruling a demurrer to the amended petition in the cause, on the grounds that there was a fatal variance between the note and mortgage merged in the judgment and the written guaranty upon which the action was founded.
The note by its terms was made payable three or five years after date at the option of the maker, while the instrument of guaranty described the note as due five years from date. The. petition in this cause sought to reform the guaranty…
2Cases cited4 opinions
- Dobbin v. BradleyNew York Supreme Court · 1837
- Rindge v. . JudsonNew York Court of Appeals · 1861
- Locke v. McVeanMichigan Supreme Court · 1876
- Bourget v. DonaldsonMichigan Supreme Court · 1890
3Cited by4 opinions
- Rucker v. Republic Supply CompanySupreme Court of Oklahoma · 1966
- First National Bank v. FarsonNew York Court of Appeals · 1919
- Maney v. CherrySupreme Court of Oklahoma · 1935
- Ina Life Insurance Co. v. Brandywine Associates, Ltd.Court of Civil Appeals of Oklahoma · 1990