Trulock v. Blair
Supreme Court of Oklahoma
Error from the District Court of Canadian County; before John C. Tarsney, District Judge. Action by N. B. Trulock and others, as the El Reno. Ice & Coal company, against J. R. Blair. From an order sustaining a demurrer to- plaintiff’s evidence they bring, error. STATEMENT OF THE CASE.
Read the full summary
Error from the District Court of Canadian County; before John C. Tarsney, District Judge. Action by N. B. Trulock and others, as the El Reno. Ice & Coal company, against J. R. Blair. From an order sustaining a demurrer to- plaintiff’s evidence they bring, error. STATEMENT OF THE CASE. This was an' action for the recovery of an amount due ■for a quantity of ice shipped by the plaintiffs to .ome McCormick, and, as was alleged by the plaintiff®, upon the order and credit of the defendant, Blair. The ■cause comes here on error from an order of the court sustaining a demurrer to the plaintiffs’…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
For the, purposes- of the demurrer the truthfulness of all this testimony is conceded1. We presume that the judgment below was rendered upon the supposition that, inasmuch as the goods were -charged on the books of the company to McCormick, the debt was the debt of McCormick, and the promises made by Blair, -and his liability, if any, were collateral, and to pay -the debt of another, and therefore not binding. But the fact that the goods were charged on the books of the" company to McCormick was only evidence tending to .show that -the credit was given to…
2Cases cited4 opinions
- Clopper v. PolandNebraska Supreme Court · 1881
- Maurin v. FogelbergSupreme Court of Minnesota · 1887
- Calahan v. WardSupreme Court of Kansas · 1891
- Amort v. ChristoffersonSupreme Court of Minnesota · 1894
3Cited by8 opinions
- Lindley v. KellySupreme Court of Oklahoma · 1914
- May v. RobertsSupreme Court of Oklahoma · 1911
- Waldock v. First Nat. Bank of IdabelSupreme Court of Oklahoma · 1914
- Reed v. Richards & Conover Hardware Co.Supreme Court of Oklahoma · 1941
- Block v. PearsonSupreme Court of Oklahoma · 1907
3 more not listed; retrieve them via the Exa API.