Legal Opinion

Briscoe v. Hamer

Supreme Court of Oklahoma

Decided July 27, 1915No. 4529PublishedCited by 20 opinions

Error from Superior Court, Muskogee County; Farrar L. McCain, Judge. Action by the State ex rel. J. D. Lankford, State Bank Commissioner, against W. M. Briscoe, J. B. Hamer, and the Alamo State Bank. Judgment for plaintiff, and defendant Briscoe brings error.

1Opinion of the Court

Opinion by

BREWER, C.

The Alamo State Bank at and prior to the time of its failure held the promissory note of W. M. Briscoe in the sum of $200, and at said time was indebted to said Briscoe for services rendered it in the sum of $250. Before a settlement of Said mutual indebtedness was made, the bank became insolvent, and was taken over by the State Bank Commissioner, who later caused this suit to be brought on the note. Briscoe admitted the execution of the note, but alleged that he was entitled to offset the same with the amount the bank was indebted to him, to the extinguishment of the note…

2Cases cited3 opinions

  1. Studley v. Boylston National BankSupreme Court of the United States · 1913
  2. Lawson v. WarrenSupreme Court of Oklahoma · 1912
  3. Nix v. EllisSupreme Court of Georgia · 1903

3Cited by20 opinions

  1. Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
  2. Bailey v. StateSupreme Court of Oklahoma · 1919
  3. Ward v. Oklahoma State Bank of AtokaSupreme Court of Oklahoma · 1915
  4. Strain, State Bank Com'r v. United States Fidelity & Guaranty Co.Court of Appeals for the Eighth Circuit · 1923
  5. First State Bank of Bristow v. O'BannonSupreme Court of Oklahoma · 1928

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