Kelly v. Citizens-Farmers Nat. Bank of Chickasha

The defendant in error sued Breekenridge, Thomas and Kelly, in the district court of Caddo county on a promissory note. At the conclusion of all the evidence the court on motion of the plaintiff below withdrew the case from the jury and rendered judgment in accordance with the prayer of the petition. Kelly alone has appealed.

The parties are referred to herein either by name or designated according to their appearance at the trial.

The error charged is the aforesaid action of the court in taking the' case from the jury and rendering judgment for the plaintiff.

Kelly’s defense was fraud and want…