Bank of Welch v. Cabell
Supreme Court of Oklahoma
Error from District Court, Carter County; S. H. Russell, Judge. Action by the Bank of Welch against J. V. Cabell and others. Judgment for defendants, and plaintiff brings error. This was an action by the plaintiff, claiming to be the owner and holder of a certain promissory note, executed by the defendants in error.
Read the full summary
Error from District Court, Carter County; S. H. Russell, Judge. Action by the Bank of Welch against J. V. Cabell and others. Judgment for defendants, and plaintiff brings error. This was an action by the plaintiff, claiming to be the owner and holder of a certain promissory note, executed by the defendants in error. The case was tried on an agreed statement of facts, which sufficiently discloses the questions raised in this court, and is as follows: “(1) It is agreed that Henry B. Smith was appointed the guardian of the persons and estates of Mary A. B. Smith, Lela Smith, and Francis B.…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts
as above). The only question presented is whether a guardian has the power to transfer a" negotiable note, payable to him as guardian, and the property of his wards, without an order of the county court authorizing him to do so, when such transfer is made for the full value of the note. .In the absence of a statute, it is established that where a note is executed to a guardian on the face of the note, the legal title is in him, and that he can assign the note, and his indorsee can maintain an action on it.
The question now presented is, whether…
2Cases cited4 opinions
- Duff v. KeatonSupreme Court of Oklahoma · 1912
- Jones v. WheelerSupreme Court of Oklahoma · 1909
- Jenkins v. ShermanMississippi Supreme Court · 1900
- Gentry v. OwenSupreme Court of Arkansas · 1854
3Cited by6 opinions
- Lowery v. RichardsSupreme Court of Oklahoma · 1926
- Crume v. RiversSupreme Court of Oklahoma · 1936
- Mason v. AckleySupreme Court of Oklahoma · 1915
- Cooper v. HembreeSupreme Court of Oklahoma · 1944
- Rhodd Et Ux. v. HembreeSupreme Court of Oklahoma · 1944
1 more not listed; retrieve them via the Exa API.