Security State Bank v. Fussell
Supreme Court of Oklahoma
Error from Pontotoc County Court; Conway O. Barton,, Judge. Two cases were commenced in the justice court by the Security State Bank against J. E. Fussell.
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Error from Pontotoc County Court; Conway O. Barton,, Judge. Two cases were commenced in the justice court by the Security State Bank against J. E. Fussell. One was on a note for $150, and the other was on a note for $20 and an alleged balance of a note for $.286.50. Judgments were rendered for the plaintiff, and the defendant appealed to the county court, where the cases were consolidated, and on the trial judgment was rendered for the defendant, and the plaintiff brings error.
1Opinion of the Court
Opinion by
AMES, C.
The defense in both cases was payment. In the suit on the $150 note the defendant testified that he called at the bank with a check for a little over $300, that he gave this check to the banker, instructed him to pay the note, and place the remainder to his credit. This was his evidence tending to show payment.
The bank offered in evidence the original passbook of the defendant and his original checks for the purpose of showing that he was given full credit for the full amount of this check, and that he drew it all out in due course of business, and that the note was not paid…
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