Clowers v. Snowden, Case Number: 2064 OK Ter
| Court | Supreme Court of Oklahoma |
| Writing for the Court | TURNER, J. |
| Citation | 1908 OK 126,21 Okla. 476,96 P. 596 |
| Parties | CLOWERS et al. v. SNOWDEN et al. |
| Docket Number | Case Number: 2064 OK Ter |
| Decision Date | 24 June 1908 |
1908 OK 126
96 P. 596
21 Okla. 476
CLOWERS et al.
v.
SNOWDEN et al.
Case Number: 2064 OK Ter
Supreme Court of Oklahoma
Decided: June 24, 1908
¶0 1. BILLS AND NOTES--Nonnegotiable Note--Attorney's Fee. A promissory note, providing: "If collected by an attorney, a fee of $ 10 to be charged"--is nonnegotiable.
2. MORTGAGES--Foreclosure--Defenses--Want of Consideration-- Nonnegotiable Note. In a suit to foreclose a mortgage securing a debt, evidenced by a nonnegotiable promissory note, it was error for the court to exclude evidence tending to show want of consideration, notwithstanding plaintiff be an innocent purchaser for value and before maturity.
On July 11, 1903, Ella F. Snowden, defendant in error, plaintiff below, brought suit in the district court of Kingfisher county, Oklahoma Territory, against Mathew Clowers and Charity Clowers, plaintiffs in error, defendants below, and set forth in her petition, in substance, that, on December 20, 1902, defendants, Mathew Clowers and Charity Clowers, made, executed, and delivered to James L. Admire their one certain promissory note for $ 387.25, payable 6 months after date, with interest thereon at 12 per cent. per annum from date; that afterwards said Admire sold and conveyed the same to plaintiff for value, and before maturity, without recourse; that she was, at that time, the owner and holder of the same. That there was due and owing plaintiff thereon the sum of $ 387.25, with interest, and $ 10 for an attorney's fee, as provided for in the face of the note. That to secure the payment of said note, on the same day, defendants made, executed, and delivered to said Admire a mortgage on certain lands, describing them, in Kingfisher county, Okla. T., which was duly filed for record, and which, before the maturity of said note, was duly assigned to her by said Admire for value; that she was, at that time, the owner and holder thereof, and prays that the same be foreclosed. Copies of the note and mortgage are filed with the complaint, and marked "Exhibits A and B."
On August 5, 1903, defendants, Mathew Clowers and Charity Clowers, for answer, in substance, pleaded: (1) Non est factum; (2) want of consideration; (3) that plaintiff is not the real owner of the...
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Bell v. Riggs, Case Number: 1704
...made, it is sufficient to refer to Clevenger v. Lewis, 20 Okla. 837, 95 P. 230, 16 L.R.A. (N.S.) 410, 16 Ann. Cas. 56; Clowers v. Snowden, 21 Okla. 476, 96 P. 596; Cotton v. John Deere Plow Co., 14 Okla. 605, 78 P. 321. From a study of these and other cases which they refer to it will be se......
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Seibold v. Ruble, Case Number: 3037
...588, 82 P. 649; Clevenger v. Lewis, 20 Okla. 837, 95 P. 230, 16 L. R. A. (N. S.) 410, 16 Ann. Cas. 56; Clowers et al. v. Snowden et al., 21 Okla. 476, 96 P. 596; Farmers' Loan & Trust Co. v. McCoy & Spivey Bros., 32 Okla. 277, 122 P. 125, 40 L. R. A. (N. S.) 177; Bell v. Riggs, 34 Okla. 834......
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Pattee Plow Co. v. Beard, Case Number: 575
...for collection, if not paid when due. The provision for attorney's fees renders them non-negotiable. Clowers et al. v. Snowden et al., 21 Okla. 476, 96 P. 596; Cotton v. John Deere Plow Co., 14 Okla. 605, 78 P. 321. Since the notes were payable to order, in order for the payee to transfer h......
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Mitchell v. Altus State Bank, Case Number: 1611
...605, 78 P. 321; Clevenger v. Lewis, 20 Okla. 837, 95 P. 230, 16 L.R.A. (N. S.) 410, 16 Ann. Cas. 56; Clowers et al. v. Snowden et al., 21 Okla. 476, 96 P. 596. ¶2 Defendant, Mitchell, in his answer admitted the execution of the note sued on, but charged that the same was not intended to be ......
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Bell v. Riggs, Case Number: 1704
...made, it is sufficient to refer to Clevenger v. Lewis, 20 Okla. 837, 95 P. 230, 16 L.R.A. (N.S.) 410, 16 Ann. Cas. 56; Clowers v. Snowden, 21 Okla. 476, 96 P. 596; Cotton v. John Deere Plow Co., 14 Okla. 605, 78 P. 321. From a study of these and other cases which they refer to it will be se......
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Seibold v. Ruble, Case Number: 3037
...588, 82 P. 649; Clevenger v. Lewis, 20 Okla. 837, 95 P. 230, 16 L. R. A. (N. S.) 410, 16 Ann. Cas. 56; Clowers et al. v. Snowden et al., 21 Okla. 476, 96 P. 596; Farmers' Loan & Trust Co. v. McCoy & Spivey Bros., 32 Okla. 277, 122 P. 125, 40 L. R. A. (N. S.) 177; Bell v. Riggs, 34 Okla. 834......
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Pattee Plow Co. v. Beard, Case Number: 575
...for collection, if not paid when due. The provision for attorney's fees renders them non-negotiable. Clowers et al. v. Snowden et al., 21 Okla. 476, 96 P. 596; Cotton v. John Deere Plow Co., 14 Okla. 605, 78 P. 321. Since the notes were payable to order, in order for the payee to transfer h......
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Mitchell v. Altus State Bank, Case Number: 1611
...605, 78 P. 321; Clevenger v. Lewis, 20 Okla. 837, 95 P. 230, 16 L.R.A. (N. S.) 410, 16 Ann. Cas. 56; Clowers et al. v. Snowden et al., 21 Okla. 476, 96 P. 596. ¶2 Defendant, Mitchell, in his answer admitted the execution of the note sued on, but charged that the same was not intended to be ......