Perry v. Archard
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Souths District. C. B. Kilgore, Judge. Suit by C. E. Perry against P. Arohard on a pror sory note. Judgment for defendant.
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Appeal from the United States Court for the Souths District. C. B. Kilgore, Judge. Suit by C. E. Perry against P. Arohard on a pror sory note. Judgment for defendant. Plaintiff appe^ This suit was brought by C. E. Perry, appellant, -\| was plaintiff below, against appellee, P. Archard, who defendant below, in the United States commissioner’s cq at Ardmore on September 24, 1890, upon a promissory rj payable six months after date to Q. B. Kone or order, interest at 12 per cent., and an attorney’s fee of 10 per cl in case of legal proceedings, and was signed by P. Archa the appellee. The note…
1Opinion of the CourtSpringer, C. J.
(after stating the facts.) The pellant’s first assignment of error is to the effect that court erred in granting the appellee the right to open conclude the argument to the jury on the trial of said caí because the burden of proof was placed by law upon ap; lant, as plaintiff in the case, and because appellee faile< admit that appellant was an innocent purchaser for va before maturity, of the note sued on, as appellant alleged claimed. The right to open and close the argument il case is, in cases in which the defendant alleges new ma| of defense, largely in the discretion of the trial court;…
2Cases cited3 opinions
- Utica Insurance v. CadwellNew York Supreme Court · 1829
- De Witt v. PrescottMichigan Supreme Court · 1883
- United States v. DuffU.S. Circuit Court for the District of Southern New York · 1881
3Cited by1 opinion
- Landon v. MoreheadSupreme Court of Oklahoma · 1912