Legal Opinion
Fisher v. Millspaugh
Supreme Court of Oklahoma
Decided March 2, 1943No. 30724PublishedCited by 5 opinions
1Opinion of the Court
GIBSON, V. C. J.
This is an action on a promissory note and to foreclose real estate mortgage. Judgment on the verdict was for defendants, and plaintiff appeals.
It is first charged that the trial court erred in overruling plaintiff’s motion for judgment on the pleadings.
Defendants pleaded payment and the statute of limitations. The ground of the motion was defendants’ failure to properly plead payment after admitting the execution of the note and mortgage. The answer contained an allegation of payment in full by a number of partial payments, but the dates of such payments were not set out for…
2Cases cited7 opinions
- Burden v. StephensSupreme Court of Oklahoma · 1935
- Walker v. Oklahoma Natural Gas Co.Supreme Court of Oklahoma · 1940
- City of Norman v. LewisSupreme Court of Oklahoma · 1937
- Bailey v. Parry Mfg. Co.Supreme Court of Oklahoma · 1916
- Barlow v. Prudential Ins. Co. of AmericaSupreme Court of Oklahoma · 1936
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jordan v. General Motors Corp.Supreme Court of Oklahoma · 1979
- Aetna Casualty and Surety Company v. WoffordSupreme Court of Oklahoma · 1956
- Persson v. McCormickSupreme Court of Oklahoma · 1966
- A & A Cab Operating Co. v. GossettSupreme Court of Oklahoma · 1947
- McLennon v. DeaverSupreme Court of Oklahoma · 1950