Forbes v. First Nat. Bank of Enid
Supreme Court of Oklahoma
Error from District Court, Carfield County; B. F. Burwell, Judge. Action by the First National Bank of Enid against J. E. Forbes upon a dffaft. Judgment for plaintiff, .and defendant brings error.
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Error from District Court, Carfield County; B. F. Burwell, Judge. Action by the First National Bank of Enid against J. E. Forbes upon a dffaft. Judgment for plaintiff, .and defendant brings error. This is an action brought by the First National Bank of Enid, Okla., against the Fourth National Bank of Dayton, Ohio, Citizens’ Bank of Enid, Emily Smith, J. E. Forbes, and B. L. Denton, receiver of the Citizens’ Bank, upon a draft drawn by the Fourth National Bank of Dajdon on the Hanover National Bank of New York for the sum of $700 and indorsed by Emily Smith, Citizens’ Bank of Enid, and J. E.…
1Opinion of the CourtHates, J.
(after stating the facts as above). It is admitted that the Citizens’ Bank was insolvent at the time it obtained the draft from Forbes. There is evidence sufficient to go to the jury to the effect that the officers of the bank knew it was insolvent at that time, and that the president of the First National Bank had knowledge at the time it obtained the draft from the Citizens’ Bank that the Citizens’ Bank was -in a failing condition, and that it had knowledge that the Citizens’ Bank had acquired the draft on the same day the draft was transferred to it by Dugan, but there is no evidence that…
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