Jenkins v. Planters' & Mechanics' Bank
Supreme Court of Oklahoma
Error from Oklahoma County Court; Sam Hooker, Judge. This was an action by the Planters’ & Mechanics’ Bank against J. S. Jenkins on a promissory note of $100 executed by J. S. Jenkins and made payable to the Post Publishing Company and transferred to plaintiff by Wm. P. Harper, president of said Post Publishing Company, as collateral security on an individual debt.
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Error from Oklahoma County Court; Sam Hooker, Judge. This was an action by the Planters’ & Mechanics’ Bank against J. S. Jenkins on a promissory note of $100 executed by J. S. Jenkins and made payable to the Post Publishing Company and transferred to plaintiff by Wm. P. Harper, president of said Post Publishing Company, as collateral security on an individual debt. Defendant interposed the defense of fraud and misrepresentation in procuring the note, also failure of consideration and nondelivery o'f the note, and alleged that same was unlawfully taken from his possession without his knowledge…
1Opinion of the Court
Opinion by
HARRISON, C.
The decisive question involved in the case is whether or not the note on its face was sufficient to put the bank on inquiry as to its validity. The note, with the indorsements, is as follows:
“Oklahoma City, Okla., April 20th, 1907. $100.00. Twelve months after date, for value received, I promise to pay to the order of the Post Publishing Co., at its office at Oklahoma City, Okla., the sum of one hundred dollars with interest from date, at the rate of ten per cent, per annum, payable annually. J. S. Jenkins.” Indorsed: “The Post Publishing Co. by Wm. P. Harper, President,…
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