Franklin v. Browning
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Northern district. Joseph A. Gill, Judge. Action by P. G. Browning against G. W. Franklin. Judgment for plaintiff. Defendant appeals.
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Appeal from the United States court for the Northern district. Joseph A. Gill, Judge. Action by P. G. Browning against G. W. Franklin. Judgment for plaintiff. Defendant appeals. The appellee (plaintiff below) alleged that the appellant (defendant below) was indebted to him on April 27, 1895, in the sum of $480, and that on that day the defendant transferred to plaintiff two promissory notes in satisfaction of said indebtedness, and “absolutely guaranteed” the payment of the same. Said notes were as follows: “380.00 Vinita, I. T., April 1st, 1895. Threemonths after date I promise to pay to the…
1Opinion of the CourtTownsend, C. J.
The appellant has filed two specifications of error as follows: “The court erred in sustaining the demurrer: (1) Because the answer filed as a cross complaint states facts sufficient to constitute a defense; (2) because the answer filed as a cross complaint states facts sufficient to authorize affirmative equitable relief.” Does the answer state facts sufficient to constitute an equitable lien? The answer to this question will determine whether this case should be affirmed or reversed. The only agreement there is is in the notes, as follows: “Value received for wintering cattle branded NS;…
2Cases cited8 opinions
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- Williams v. . IngersollNew York Court of Appeals · 1882
- Christmas v. RussellSupreme Court of the United States · 1872
- Dillon v. BarnardSupreme Court of the United States · 1875
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
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