D. M. Osborne & Co. v. Case
Supreme Court of Oklahoma
Error from the Probate Court of Garfield County; before James K. Beauchamp, Probate Judge. STATEMENT OP PACTS. At the September term, 1900, the plaintiff brought suit against the defendants in the probate court of Garfield county, Oklahoma territory, on a certain promissory note executed by the defendants September 33, 1898, for the sum of one hundred and twenty-five dollars, with interest at ten per cent., due February 1, 1900. Defendants filed answer thereto admitting the…
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Error from the Probate Court of Garfield County; before James K. Beauchamp, Probate Judge. STATEMENT OP PACTS. At the September term, 1900, the plaintiff brought suit against the defendants in the probate court of Garfield county, Oklahoma territory, on a certain promissory note executed by the defendants September 33, 1898, for the sum of one hundred and twenty-five dollars, with interest at ten per cent., due February 1, 1900. Defendants filed answer thereto admitting the execution of said note, but say as a matter of defense that said note was given to replace two notes formerly given by…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
In this case the execution of the note being admitted, and the only defense made being a failure of con- sidoration and a claim in the' nature t f a counter-claim for damages for breach of warranty, and the warranty being in writing and admitted by the plaintiff, jt presents purely and simply a question of fact; that is: Was there such a breach (of the warranty as would amount to a failure of consideration of the note; and what, if any, damage has defendant sustained thereby ?
If the jury were properly instructed by the court as to the • law, and there was…
2Cases cited1 opinion
- Hardwick v. AtkinsonSupreme Court of Oklahoma · 1899
3Cited by13 opinions
- Saxon v. WhiteSupreme Court of Oklahoma · 1908
- Citizens' State Bank of Ft. Gibson v. StrahanSupreme Court of Oklahoma · 1917
- St. Louis, I. M. & S. Ry. Co. v. LewisSupreme Court of Oklahoma · 1913
- Stark Bros. v. GlaserSupreme Court of Oklahoma · 1907
- Tirey v. DarnealSupreme Court of Oklahoma · 1913
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