McClure v. Johnson
Supreme Court of Oklahoma
Error from the Probate Court of Oklahoma County; before William P. Harper, Probate Judge. STATEMENT OF THE CASE. This was an action in the probate court of Oklahoma county, brought by the plaintiff in error.
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Error from the Probate Court of Oklahoma County; before William P. Harper, Probate Judge. STATEMENT OF THE CASE. This was an action in the probate court of Oklahoma county, brought by the plaintiff in error. The petition filed August 3, 1896, alleged that on the 10th day of March, 1892, the defendant desired the plaintiff to become his surety upon a promissory note to the Citizens’ Bank of Oklahoma City, which the plaintiff accordingly did, executing a note upon that date, jointly with the defendant, signing his name, -with the defendant, upon the face of the note as a maker. Thereupon the…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The plaintiff’s petition is a good one, unless the proposition could be sustained that the right ol: the recovery in behalf of the surety who has paid the debt of his principal, represented by a promissory note, is based upon an implied agreement of the principal to repay the surety’s outlay made by reason of his suretyship. But this is not the law. The surety upon the promissory note, who has paid his principal’s debt, is subrogated to all the rights of the holder of the note, one of which is to recover upon the note itself and to the enjoyment of all the…
2Cases cited3 opinions
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