Farmers' Bank of Roff v. Nichols
Supreme Court of Oklahoma
Error from Pontotoc County Court; Joel Terrell, Judge. Action by the Fanners’ Bank of Roff against I. D. Nichols. Judgment for defendant, and plaintiff brings error. Citing: Spivallo v. Patton (Colo.) 99 Am. Dec. 358; Stale Nat. Bank v. Cason, 39 La. Ann. 865; Goodman v. Simonds, 20 How. (U. S.) 343; Jennings v. Todd, 118 Mo. 296. -Citing: Joyce on Defenses to Com.
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Error from Pontotoc County Court; Joel Terrell, Judge. Action by the Fanners’ Bank of Roff against I. D. Nichols. Judgment for defendant, and plaintiff brings error. Citing: Spivallo v. Patton (Colo.) 99 Am. Dec. 358; Stale Nat. Bank v. Cason, 39 La. Ann. 865; Goodman v. Simonds, 20 How. (U. S.) 343; Jennings v. Todd, 118 Mo. 296. -Citing: Joyce on Defenses to Com. Paper, §• 314; Mendenhall v. Ulrich (Minn.) 101 N. W. 1057; Shufeldt v. Gillilan, 124 111. 460; French v. Wallaclc, 12 N. Y. 159; Johnson v. Banlc, 24 111. App. 352; Pope v. Hays, 19 Texas, 375; Heard v. Shedden, 113 Ga. 162.
1Opinion of the CourtHayes, J.
This is an action upon a promissory note for the sum of $438.20, executed by defendant in error on the 20th da/y of August, 1907, to one R. M. Carter, a life insurance agent, in payment of a premium on a policy of life insurance, the same being payable on January 1, 1908. After the execution of the note and before maturity thereof, it was' assigned by the payee to the Farmers’ Bank of Roff, plaintiff in error, who brought this action and alleged in its petition in substance th(e foregoing facts, and that the note is due and unpaid.
The defense relied upon by defendant in substance is: That at…
2Cases cited5 opinions
- McFarland v. SikesSupreme Court of Connecticut · 1886
- Graham v. RemmelSupreme Court of Arkansas · 1905
- Mendenhall v. UlrichSupreme Court of Minnesota · 1905
- Johnson v. First National BankAppellate Court of Illinois · 1887
- Mehlin v. Mutual Reserve Fund Life Ass'nCourt Of Appeals Of Indian Territory · 1899
3Cited by18 opinions
- Bredouw v. JonesSupreme Court of Oklahoma · 1967
- Tovera v. ParkerSupreme Court of Oklahoma · 1912
- Conqueror Trust Co. v. Bayless Drug Co.Supreme Court of Oklahoma · 1919
- Republic Nat. Bank of St. Louis v. First State Bank of OiltonSupreme Court of Oklahoma · 1925
- Adams v. ThurmondSupreme Court of Oklahoma · 1915
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