Legal Opinion

Halsell v. First Nat. Bank of Muskogee

Supreme Court of Oklahoma

Decided June 29, 1915No. 4588PublishedCited by 16 opinions

Error from District Court, Muskogee County; R. P. deGrajfenreid, Judge. Action by the First National Bank of Muskogee against E. L. Halsell and others. Judgment for plaintiff, and the defendant named brings error.

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Error from District Court, Muskogee County; R. P. deGrajfenreid, Judge. Action by the First National Bank of Muskogee against E. L. Halsell and others. Judgment for plaintiff, and the defendant named brings error. This was an action brought in the court below by the First National Bank of Muskogee against E. L. Hal-sell, C. M. Bradley, and Fannie B. Bradley, wherein plaintiff claimed that on December 24, 1907, for a valuable consideration, Halsell executed and delivered to the defendant C. M. Bradley his certain promissory note in the sum of $5,000, to become due and payable three years after…

1Opinion of the Court

Opinion by

DEVEREUX, C.

(after stating the facts as above). The defendant in error contends that the note in suit was negotiable, although it contained a provision for the payment of attorney’s fee, which rendered it nonnegotiable at the time that it was executed and de livered. This question was decided by this court on June 15, 1915, in cause No. 4580, Adams v. Thurmond, ante, 149 Pac. 1141, holding that under these circumstances the note was not negotiable. The same question was decided in American National Bank v. Halsell, 43 Okla. 126, 140 Pac. 399. We therefore hold that this note was not…

2Cases cited14 opinions

  1. Cooper v. FlesnerSupreme Court of Oklahoma · 1909
  2. Cottrill v. KrumSupreme Court of Missouri · 1890
  3. Holt v. HoltSupreme Court of Oklahoma · 1909
  4. Pomeroy v. BentonSupreme Court of Missouri · 1874
  5. Wannell v. KemSupreme Court of Missouri · 1874

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Uptegraft v. Dome Petroleum Corp.Supreme Court of Oklahoma · 1988
  2. Farmers State Bank v. HaunWyoming Supreme Court · 1924
  3. Redstone v. Redstone Lumber Supply Co.Supreme Court of Florida · 1931
  4. Dalton v. HopperSupreme Court of Oklahoma · 1919
  5. Eagle-Picher Mining & Smelting Co. v. LaytonSupreme Court of Oklahoma · 1938

11 more not listed; retrieve them via the Exa API.

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