Legal Opinion

McEwen v. Black

Supreme Court of Oklahoma

Decided January 26, 1915No. 4052PublishedCited by 6 opinions

Error from County Court, Creek County; Action by E. C. McEwen against W. H. Black, W. C. Black, and J. M. Morgan. Judgment for defendant Morgan, and plaintiff brings error.

1Opinion of the Court

Opinion by

RITTENHOUSE, C.

The note sued on in this action was executed July 15, 1908, and indorsed in blank by the assignee before maturity. It contained a clause that, if the note was placed in the hands of an attorney, the makers thereof would pay attorneys’ fees and all other costs for collection. Plaintiff prayed for judgment against the makers of the note and the indorser, J. M. Morgan, in the sum of $295, with interest and $25 attorneys’ fees.

At the time this- note was executed and delivered, section 3593 of Wilson’s Rev. & Ann. St. 1903, was in force. This section provides that a…

2Cases cited10 opinions

  1. South Bend Iron Works v. PaddockSupreme Court of Kansas · 1887
  2. Randolph v. HudsonSupreme Court of Oklahoma · 1903
  3. Adams v. SeamanCalifornia Supreme Court · 1890
  4. Clowers v. SnowdenSupreme Court of Oklahoma · 1908
  5. Cotton v. John Deere Plow Co.Supreme Court of Oklahoma · 1904

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3Cited by6 opinions

  1. Westlake v. CooperSupreme Court of Oklahoma · 1918
  2. Mortgage Bond Co. v. StephensSupreme Court of Oklahoma · 1937
  3. State Ex Rel. Nesbitt v. Liberty National Bank & Trust Co. of Oklahoma CitySupreme Court of Oklahoma · 1966
  4. Foley v. HardySupreme Court of Kansas · 1927
  5. Dyer v. International Banking Corp.Court of Appeals for the Ninth Circuit · 1920

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