Legal Opinion

City Nat. Bank of Hobart v. State Ex Rel. Freeling

Supreme Court of Oklahoma

Decided November 19, 1918No. 9460Published

Error from District Court, Kiowa County ; Thos. A. Edwards, Judge. Suit by the State of Oklahoma, on relation of S. P. Freeling, Attorney General, against George A. Bottom, G. C. Bottom, and William Patterson, copartnership, with garnishment against the First National Bank of Gotebo and upon the copartnership, in which the City National Bank of Hobart intervened and claimed the funds in the hands of the garnishee.

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Error from District Court, Kiowa County ; Thos. A. Edwards, Judge. Suit by the State of Oklahoma, on relation of S. P. Freeling, Attorney General, against George A. Bottom, G. C. Bottom, and William Patterson, copartnership, with garnishment against the First National Bank of Gotebo and upon the copartnership, in which the City National Bank of Hobart intervened and claimed the funds in the hands of the garnishee. State’s demurrer to inter-plea sustained, and the City National Bank of Hobart brings error.

1Opinion of the Court

Opinion by

HOOKER, C.

One George A. Bottom became indebted to the Farmers’ & Merchants’ Bank of Mountain View for which he executed his note to the bank. This bank became insolvent, and the banking department of the state took possession of the assets of the bank, and thereby acquired ownership of the notes in question.

The state thereafter instituted suit in the district court of Kiowa county against Bottom upon said notes and caused a garnishee summons to be issued and served upon the First National Bank of Gotebo, and upon the partnership firm of Bottom & Patterson. The firm of Bottom &…

2Cases cited3 opinions

  1. State Nat. Bank of Oklahoma City v. WoodSupreme Court of Oklahoma · 1914
  2. St. Louis S. F. R. Co. v. MountsSupreme Court of Oklahoma · 1914
  3. American Trust & Savings Bank v. AustinNew York Supreme Court · 1898

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