Peru Van Zandt Implement Co. v. Burnett
Supreme Court of Oklahoma
Error from Ellis County Court; A. E. Williams, Judge. Action by the Peru Van Zandt Implement Company against William F. Burnett and Ed. C. Henderson. Judgment for defendants, and plaintiff brings error. This suit was filed August 18, 1908, for the recovery of the sum of $285.27 and interest thereon at the rate of 8 per cent, per annum from the date of the notes pleaded in plaintiff’s petition.
Read the full summary
Error from Ellis County Court; A. E. Williams, Judge. Action by the Peru Van Zandt Implement Company against William F. Burnett and Ed. C. Henderson. Judgment for defendants, and plaintiff brings error. This suit was filed August 18, 1908, for the recovery of the sum of $285.27 and interest thereon at the rate of 8 per cent, per annum from the date of the notes pleaded in plaintiff’s petition. One note was for the sum of $100, on which the sum of $49 had been paid, leaving an alleged balance of $51 due and unpaid; the other note, $336.27, on which the sum of $102 had been paid, leaving an…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). Five assignments of error are presented'by plaintiff ; but only one is seriously urged: “That the verdict is contrary to law and not supported by the evidence.” This contention is .upon the theory that the holder of collateral securities, consisting of promissory notes, is not liable to pledgor for failure to collect same when due, unless such failure is due to the negli gence of the holder in making collection; that the burden is upon the pledgor to prove such negligence; and that no proof of negligence on the part of the plaintiff…
2Cases cited3 opinions
- Lawrence v. McCalmontSupreme Court of the United States · 1844
- City Savings Bank v. HopsonSupreme Court of Connecticut · 1885
- Easton v. German-American BankU.S. Circuit Court for the District of Southern New York · 1885
3Cited by1 opinion
- Jimmy M. Reed v. Central National Bank of Alva, a CorporationCourt of Appeals for the Tenth Circuit · 1970