Legal Opinion

Hobart Nat. Bank v. McMurrough

Supreme Court of Oklahoma

Decided July 13, 1909No. 203PublishedCited by 8 opinions

Error from District Gourt, Kiowa County; F. E. Gillette, Judge. Action by T. H. McMurrough against the Hobart National Bank. Judgment for plaintiff, and defendant brings error. citing: Moose v. Goddard, 147 Mass. 287; Bhal v. Somerville, 50 Fed. 647; Zane on Banks and Banking, p. 187, § 117, and authorities cited; St. L. & S. F. By. Go. v. Johnson, 133 U. 8. 566; Beale v. City of Somerville, 1 C. C. A. 598; In re Stale Bank (Mich.) 57 N. W. 336; 5 Cyc. 493; First Nat.

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Error from District Gourt, Kiowa County; F. E. Gillette, Judge. Action by T. H. McMurrough against the Hobart National Bank. Judgment for plaintiff, and defendant brings error. citing: Moose v. Goddard, 147 Mass. 287; Bhal v. Somerville, 50 Fed. 647; Zane on Banks and Banking, p. 187, § 117, and authorities cited; St. L. & S. F. By. Go. v. Johnson, 133 U. 8. 566; Beale v. City of Somerville, 1 C. C. A. 598; In re Stale Bank (Mich.) 57 N. W. 336; 5 Cyc. 493; First Nat. Bank v. Citizens' Sav. Bank of Detroit, 82 N. W. 66; Kershaw v. Ladd (Ore.) 44 L. E. A. 236.

1Opinion of the CourtWilliams, J.

In this case, on the 27th day of April, 1903,. the plaintiff in error received the cheek on the Indiahoma Bank in the sum of $248 in satisfaction of the note, on which there was a balance due in that amount, secured by the.mortgage, and the other cheek in the sum of $314.50, at least with the implied understanding that said amount might be checked against by the defendant in error, for at the time that the checks were received and credited on the account of the defendant in error, he checked against such account in the sum of $50, and also prior to the time that plaintiff, to wit, June 2,…

2Cases cited15 opinions

  1. Burton v. United StatesSupreme Court of the United States · 1905
  2. Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
  3. Ayres v. Farmers & Merchants BankSupreme Court of Missouri · 1883
  4. Mann v. Second National BankSupreme Court of Kansas · 1886
  5. Noble v. DoughtenSupreme Court of Kansas · 1905

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

3Cited by8 opinions

  1. Plumas County Bank v. Bank of Rideout, Smith & Co.California Supreme Court · 1913
  2. Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
  3. Bank of Commerce v. IngramSupreme Court of Oklahoma · 1912
  4. Edwards v. JewellSupreme Court of Oklahoma · 1909
  5. Mabry v. Merchants' Nat. BankSupreme Court of Oklahoma · 1923

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

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