Legal Opinion

Garrett v. Campbell

Court Of Appeals Of Indian Territory

Decided June 12, 1899PublishedCited by 3 opinions

Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by Tom Campbell against C. W. Garrett and others. Judgment for plaintiff. Defendants appeal.

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Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by Tom Campbell against C. W. Garrett and others. Judgment for plaintiff. Defendants appeal. On December 4, 1893, the appellants executed the following instrument: “200. Muscogee, I. T., Dec. 4, 1893. On or before one year after date, we promise to pay to the order of W. H. Moore two hundred 'dollars, for value received, with interest at the rate of 10 per cent, per annum from maturity, payable at Muscogee, Ind. Ter. C. W. Garrett, W. C. Garrett. Per C. W. G.” This note was deposited with one…

1Opinion of the CourtClayton, J.

The record discloses that the instrument sued on (upon its face, an ordinary promissory note) was placed in escrow with one Williams, to be held by him until the expiration of one year, at which time an accounting was to be had between the parties, and settlement made. It does not appear from whom, nor in what manner, the ap-pellee procured the note, but it is properly indorsed to him *303by Moore, before maturity, for value, and the record discloses no fraud upon the part of any of the parties, or that Campbell had notice of any facts except those apparent upon the face of the instrument. It is…

2Cases cited1 opinion

  1. Chipman v. TuckerWisconsin Supreme Court · 1875

3Cited by3 opinions

  1. Fidelity Trust Co. v. PalmerWashington Supreme Court · 1900
  2. Deshazo v. L. & E. LamarAlabama Court of Appeals · 1920
  3. Deshazo v. L. & E. LamarAlabama Court of Appeals · 1920

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