Turner v. First Nat. Bank
| Decision Date | 17 March 1914 |
| Citation | 139 P. 703,40 Okla. 498,1914 OK 133 |
| Parties | TURNER v. FIRST NAT. BANK. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
Where the appellant fails to assign as error the overruling of the motion for a new trial in the petition in error, no question is properly presented to this court to review error alleged to have occurred during the progress of the trial in the court below.
Where an assignment of error is so general as not to point out the real error or errors complained of, this court will not consider them, nor will it examine the record with regard thereto.
Petition examined, and held to state a cause of action.
Error from Superior Court, Muskogee County; Farrar L. McCain Judge.
Action on note by the First National Bank against C. W. Turner. Judgment for plaintiff, and defendant brings error. Affirmed.
Charles Bagg, of Muskogee, for plaintiff in error.
Brainerd & Davis, of Muskogee, for defendant in error.
The defendant in error, plaintiff below, commenced this action against the plaintiff in error, defendant below, in the superior court of Muskogee county, his petition alleging, in substance: That it is a corporation duly organized, etc with place of business in the city of Muskogee. That on the 21st day of December, A. D. 1908, George I. Uhl, being indebted to Samuel N. McPherson in the sum of $230, made executed, and delivered to the said Samuel N. McPherson his certain promissory note in writing, bearing date and day and year aforesaid, signed by the said George I. Uhl, and therein and thereby four months after date thereof promised to pay to the order of the said Samuel N. McPherson $230, for value received, with interest after maturity at the rate of 8 per cent. per annum until paid. That after the execution and delivery of said note, and before the maturity, the said Samuel N. McPherson, for a valuable consideration, indorsed and transferred said promissory note to the plaintiff, and the plaintiff is now the owner and holder thereof. That after the execution and delivery of said note, and before the same was indorsed and transferred to the plaintiff, the defendant C. W. Turner, by his certain indorsement duly written and indorsed on said note, indorsed said note, and by virtue of said indorsement, then and there became liable to pay to the payee of said note, the said Samuel N. McPherson, or to his order, the said sum of money in said note mentioned according to the tenor and effect thereof. That the defendant, C. W. Turner, at the time of making said indorsement, by his indorsement in writing duly entered on said note, waived presentment, notice of nonpayment, and protest of said note. That no part of said note has been paid, and that, although payment has been demanded, said sum of $230, and interest from April 21, 1909, to date, is still unpaid, and is justly due and owing from the defendant to the plaintiff. A copy of said promissory note is hereto attached, and is marked "Exhibit A," and the same is referred to and made a part of this petition. And plaintiff in error prayed for judgment; the petition being verified.
The exhibit attached to said petition is as follows: Indorsements:
To this petition, defendant filed a general demurrer, which was by the court overruled, and exceptions saved, and thereafter the defendant answered, and the case was tried, and judgment rendered in favor of the plaintiff and against the defendant. The defendant filed a motion for new trial, which was overruled, and exceptions duly saved, time being granted in which to make, serve, and settle case-made, and the same is now before us on appeal.
The petition in error contains nine assignments: First. Error in overruling the demurrer to the petition. Second. Error in the admission of certain testimony. Third. Error in overruling the demurrer to the evidence of the plaintiff. Fourth. Error in...
To continue reading
Request your trial