Bernard v. First Nat. Bank of Claremore

2 Citing cases

  1. Mitchell v. Fayette Bank Trust Co.

    299 P. 498 (Okla. 1931)   Cited 3 times

    Mackin v. Darrow Music Co., 69 Okla. 1, 169 P. 497; Edwards v. City Nat. Bank of McAlester, 83 Okla. 204, 201 P. 233; Powell v. Security Nat. Bank, 141 Okla. 169, 284 P. 5. The allegation that defendants should not be held liable on the note does not state a defense. Bernard v. First Nat. Bank of Claremore, 128 Okla. 264, 263 P. 150; State ex rel. v. Banta, 148 Okla. 239, 299 P. 479. As to defendants' measure of damages in the event of recovery, we express no opinion.

  2. First Nat. Bank v. Golden Glow Ref. Co.

    288 P. 960 (Okla. 1930)   Cited 3 times

    In explanation of why such conveyance was made alone to Moore and Chandler, it was stated by some of the plaintiff's witnesses that the defendant Boyd refused to have anything to do with such conveyance or accept any interest thereon. The plaintiff cites certain cases from this jurisdiction which announce the rule as to what is a sufficient legal consideration for the execution of a note, and also call attention to Bernard v. First Nat. Bank of Claremore, 128 Okla. 264, 263 P. 150, in which case it was held that, where the cashier of a bank, who was also secretary and treasurer of an oil company, placed his note, in the bank in lieu of the oil company's notes, which were taken out of the bank with an understanding that the bank would not hold such official liable on his note, such official would not be permitted to deny his liability on the notes upon the ground that the bank officials had agreed that he should not be responsible for the payment of such note. We think the difference between that case and the one at bar may be readily seen from the following language found in the body of the opinion in that case, which is as follows: