Van Arsdale v. Edwards
Supreme Court of Oklahoma
Error from District Court, Grant County; M. C. Garber, Judge. Action by W. 0. Van Arsdale and II. L. Osborne, copartners, against David Edwards. Judgment for defendant, and plaintiffs bring error. This proceeding in error is brought from a judgment in'the. district court of Grant county. Plaintiffs in error (plaintiffs below) constitute - a copartnership doing business under the firm name of Van Arsdale & Osborne.
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Error from District Court, Grant County; M. C. Garber, Judge. Action by W. 0. Van Arsdale and II. L. Osborne, copartners, against David Edwards. Judgment for defendant, and plaintiffs bring error. This proceeding in error is brought from a judgment in'the. district court of Grant county. Plaintiffs in error (plaintiffs below) constitute - a copartnership doing business under the firm name of Van Arsdale & Osborne. In their petition in the lower court they declare upon a promissory note executed and delivered to them by defendant in error (defendant below), a copy of which they attach to their…
1Opinion of the CourtHaves, J.
(after stating the facts as above). Counsel for plaintiffs state in their brief that the only question which they desire considered in this proceeding is whether defendant in his answer has set up, and by his evidence has proved, a loss that constitutes a set-off against their cause of action. Defendant’s counsel in his brief admits that the cause of action alleged in defendant’s answer against the St. Paul Eire & Marine Insurance Company constitutes no set-off against plaintiffs’ action unless such right is given to him by the terms of the note ; but' he. contends that by the terms of the…
2Cited by10 opinions
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- Oklahoma Department of Securities ex rel. Faught v. BlairSupreme Court of Oklahoma · 2010
- Sarkeys v. MarlowSupreme Court of Oklahoma · 1951
- Curlee v. RulandSupreme Court of Oklahoma · 1916
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