Cotton v. John Deere Plow Co.
| Court | Supreme Court of Oklahoma |
| Writing for the Court | HAINER, J. |
| Citation | 78 P. 321,1904 OK 89,14 Okla. 605 |
| Parties | JAMES F. COTTON AND JENNIE COTTON v. THE JOHN DEERE PLOW COMPANY. |
| Decision Date | 03 September 1904 |
1904 OK 89
78 P. 321
14 Okla. 605
JAMES F. COTTON AND JENNIE COTTON
v.
THE JOHN DEERE PLOW COMPANY.
Supreme Court of Oklahoma
Decided: September 3, 1904
¶0 1. PROMISSORY NOTE--Stipulation for Attorney''s Fees--Effect. A promissory note which contains the following stipulation in relation to attorney''s fees, to wit: "It is stipulated by the parties to this note, that in event the same is collected by an attorney, or by any proceedings at law, an attorney's fee consisting of $ 10.00 and ten per cent of the amount so collected shall be paid by the makers hereof to the holder of the same," destroys the negotiable character of the instrument, and thereby makes it non-negotiable.
2. NON-NEGOTIABLE INSTRUMENT--Innocent Purchasers. A nonnegotiable instrument, although transferred to an innocent purchaser before maturity and for a valuable consideration, is subject to all the legal defenses which might be interposed against the note in the hands of the original payee.
McGuire & Clark, for plaintiffs in error.
Wrightsman & Fulton and H. T. Conley, for defendants in error.
HAINER, J.:
¶1 This was an action brought by the John Deere Plow Company against the plaintiffs in error, James F. Cotton and Jennie Cotton, to recover $ 200.00, interest and attorney's fees, on a promissory note, executed by James F. Cotton and Jennie Cotton to George B. Wood & Co., and by George B. Wood & Co., sold and transferred, before maturity, for a valuable consideration, to George S. Soulsby, and thereafter, and before maturity, for a valuable consideration, sold and transferred by the said Soulsby to the John Deere Plow Company.
¶2 The defendants' answer consists of a general denial, and that the note sued on was without consideration and was procured by fraud and false representations.
¶3 Upon the issues thus joined, the cause was tried to the court, without a jury, and judgment rendered for the plaintiff in accordance with the prayer of the petition. From this judgment the defendants appeal.
¶4 It appears from the record that after the plaintiff had introduced its evidence and rested its case, the defendants offered to prove by J. F. Cotton, the principal defendant, that the note sued on was without consideration, and was obtained by false and fraudulent representations. To the introduction of this testimony the plaintiff objected, upon the ground that the testimony introduced...
To continue reading
Request your trial
-
Farmers' Nat. Bank of Tecumseh v. Mccall, Case Number: 358
...for the payment of an attorney's fee is not negotiable. Randolph v. Hudson, 12 Okla. 516, 74 P. 946; Cotton et al. v. John Deere Plow Co., 14 Okla. 605, 78 P. 321. This rule has been adhered to by this court. Clevenger v. Lewis, 20 Okla. 837, 95 P. 230, 16 L. R. A. (N. S.) 410. The rule, ho......
-
Bell v. Riggs, Case Number: 1704
...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 seen that they support the rule in Randolph v. Hudson, 12 Ok......
-
Pattee Plow Co. v. Beard, Case Number: 575
...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 his legal and equitable title thereto, it was necessa......
-
Mitchell v. Altus State Bank, Case Number: 1611
...note, if placed in the hands of an attorney for collection, and is therefore a nonnegotiable instrument. Cotton v. John Deere Plow Co., 14 Okla. 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. 47......
-
Farmers' Nat. Bank of Tecumseh v. Mccall, Case Number: 358
...for the payment of an attorney's fee is not negotiable. Randolph v. Hudson, 12 Okla. 516, 74 P. 946; Cotton et al. v. John Deere Plow Co., 14 Okla. 605, 78 P. 321. This rule has been adhered to by this court. Clevenger v. Lewis, 20 Okla. 837, 95 P. 230, 16 L. R. A. (N. S.) 410. The rule, ho......
-
Bell v. Riggs, Case Number: 1704
...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 seen that they support the rule in Randolph v. Hudson, 12 Ok......
-
Pattee Plow Co. v. Beard, Case Number: 575
...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 his legal and equitable title thereto, it was necessa......
-
Mitchell v. Altus State Bank, Case Number: 1611
...note, if placed in the hands of an attorney for collection, and is therefore a nonnegotiable instrument. Cotton v. John Deere Plow Co., 14 Okla. 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. 47......