Arnett v. Wright
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OP PACTS. On May 26th, 1903, the defendants in error, Charles L. Wright and Ella Wright, his wife, executed and delivered to plaintiff in error, Mary Arnett, their promissory note for the sum of $718.00 and to secure the payment of the same also executed and delivered along with said note their mortgage upon certain premises situated in the city of Guthrie, O. T. The record…
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Error from the District Court of Logan County; before Jno. H. Burford, Trial Judge. STATEMENT OP PACTS. On May 26th, 1903, the defendants in error, Charles L. Wright and Ella Wright, his wife, executed and delivered to plaintiff in error, Mary Arnett, their promissory note for the sum of $718.00 and to secure the payment of the same also executed and delivered along with said note their mortgage upon certain premises situated in the city of Guthrie, O. T. The record discloses that the note and mortgage were given as the purchase price of a saloon stock then owned by Herman Arnett, the husband…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
From the foregoing statement it is manifest that but a single question is presented to this court for its determination.
There can be no question but that an item of $44.73 representing the invoiced value of the unexpired term of a city .license to sell intoxicating liquor, issued 'by the city of the consideration of the note sued on in this action, and the question now to be answered is, does this item vitiate and render void the note and mortgage as held by the trial court ?
We are of the opinion that it does. Sec. 387, Wilson's Ann. Stat., provides inter…
2Cases cited2 opinions
- Pennsylvania Co. v. FertigIndiana Court of Appeals · 1904
- McCann v. JeanIndiana Supreme Court · 1893
3Cited by5 opinions
- Fairbanks-Morse Co. v. City of GearySupreme Court of Oklahoma · 1916
- Mann v. BradySupreme Court of Oklahoma · 1921
- Starr v. LowerySupreme Court of Oklahoma · 1923
- Mathews v. AustinSupreme Court of Oklahoma · 1926
- Vann v. Union Central Life Ins. Co.Supreme Court of Oklahoma · 1924