Poos v. Kelly
Supreme Court of Oklahoma
Error from District Court, Pawnee County; Conn Linn, Judge. Henry C. D. Poos sued on a promissory note executed to him by Ed M. Kelly. Defendant filed a cross-petition alleging indebtedness of plaintiff to him. The jury returned a verdict for defendant in the sum of .$272.50, from which judgment the plaintiff appeals to this court.
1Opinion of the CourtHiggins, J.
The parties to this suit held the same relative positions in the trial court and will be referred to as plaintiff and defendant in this opinion.
In 1911 defendant executed to plaintiff a promissory note for $825. In 1915 this note was taken up and a new note given for $550, on which there was afterwards a payment of $165 made, leaving a balance due thereon of $385, for which this suit is brought. The defendant admits execution of the note, but pleads as a set-off to same that plaintiff is indebted to him in the sum of $512.50 for house rent, and the further sum of $500 for services rendered in…
2Cases cited5 opinions
- Wyman v. HerardSupreme Court of Oklahoma · 1899
- First National Bank of Tulsa v. Colonial Trust Co.Supreme Court of Oklahoma · 1917
- Young v. Town of MorrisSupreme Court of Oklahoma · 1915
- Clawson v. Cottingham Et Ux.Supreme Court of Oklahoma · 1912
- Wichita Falls & N. W. Ry. Co. v. StaceySupreme Court of Oklahoma · 1915
3Cited by4 opinions
- Wood & Co. v. Val Blatz Brewing Co.Supreme Court of Oklahoma · 1925
- Linson v. BarnesSupreme Court of Oklahoma · 1929
- McClelland-gentry Motor Co. v. MeyerSupreme Court of Oklahoma · 1923
- Opinion No. 70-283 (1970) Ag, Oklahoma Attorney General Reports1970