Gaar, Scott & Co. v. Rogers
Supreme Court of Oklahoma
Error from District Court, Jackson County; Fmnk Mcotthews, Judge. Action by Gaar, Scott & Co. against W. D. Rogers. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
BOBBEETS, C.
This action is brought by plaintiff in error, hereinafter designated as plaintiff, against defendant in error, hereinafter designated as defendant, to recover on a promissory note.
To defeat recovery, the defendant pleads novation, by amended answer as follows:
“Comes now the above-named defendant, and for his amended answer to the petition of plaintiff alleges that the note herein sued upon by the plaintiff has been fully paid and discharged by said plaintiff by an oral agreement made and entered into at St. Louis, Mo., on or about the 1st day of July, 1907, whereby 'said…
2Cases cited15 opinions
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
- Moore v. WadeSupreme Court of Kansas · 1871
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
- Minneapolis Threshing MacHine Co. v. HumphreySupreme Court of Oklahoma · 1911
- Mitchell v. Knudtson Land Co.North Dakota Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Ely Walker Dry Goods Co. v. SmithSupreme Court of Oklahoma · 1916
- Cushing Gasoline Co. v. HutchinsSupreme Court of Oklahoma · 1923
- Kelly v. Employers Casualty Co.Supreme Court of Oklahoma · 1950
- Oklahoma City v. RobinsonSupreme Court of Oklahoma · 1937
- Scott v. PriceSupreme Court of Oklahoma · 1926
27 more not listed; retrieve them via the Exa API.