Linton v. Chestnutt-Gibbons Grocer Co.
Supreme Court of Oklahoma
Error from District Court, Muskogee County; John H. King, Judge. Action by the Chestnutt-Gibbons Grocer Company against William E. Linton.
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Error from District Court, Muskogee County; John H. King, Judge. Action by the Chestnutt-Gibbons Grocer Company against William E. Linton. Judgment for plaintiff, and defendant brings error. ■ On November 23, 1905, Wilson & White and William E. Linton, plaintiff in error, signed, “as principal, jointly and severally,” a thirty-day negotiable promissory note in the sum of $179.19, payable to the Chestnutt-Gibbons Grocer Company, 'defendant in error, at its office in Muskogee, upon which partial payments were made, reducing the amount outstanding to $60, for which amount this action is brought…
1Opinion of the Court
Opinion by
Sharp, C.
(after stating the facts as above). While plaintiff in error signed this noté as principal, jointly and severally, since it has never been negotiated, undoubtedly he should be held as surety for the debt then due from Wilson & White to defendant in error. Pingree on Suretyship & Guaranty, 41; Killian v. Ashley, 24 Ark. 518, 91 Am. Dec. 519; Vestal v. Knight, 54 Ark. 97, 15 S. W. 17; Stovall v. Adair, 9 Okla. 620, 60 Pac. 282.
The engagement of plaintiff in error is in no sense that of accommodation indorser, .but of suretyship — a primary obligation,- in consideration of…
2Cases cited17 opinions
- Prentice v. Zane's Administrator.Supreme Court of the United States · 1850
- Willoughby v. BallSupreme Court of Oklahoma · 1907
- Friend v. Smith Gin Co.Supreme Court of Arkansas · 1894
- Rockafellow v. PeaySupreme Court of Arkansas · 1882
- Doxy v. Exchange Bank of PerrySupreme Court of Oklahoma · 1907
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3Cited by12 opinions
- American Surety Co. of New York v. United StatesCourt of Appeals for the Tenth Circuit · 1940
- Palmer v. NoeSupreme Court of Oklahoma · 1915
- Van Antwerp v. SchultzSupreme Court of Oklahoma · 1950
- Vogel Bros. & Co. v. BastinSupreme Court of Oklahoma · 1921
- Hudson-Houston Lbr. Co. v. First State BankSupreme Court of Oklahoma · 1928
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