Yates v. First Nat. Bank of Mill Creek

5 Citing cases

  1. Shoenfelt v. Donna Belle Loan Inv. Co.

    172 Okla. 346 (Okla. 1935)   Cited 6 times

    Pacific Mutual Life Insurance Co. of California v. Coley, 62 Okla. 161, 162 P. 713. A cause of action for the recovery of usury is one upon an implied contract. Yates v. First National Bank, etc., 42 Okla. 95, 140 P. 1174, and an action thereon is in the nature of an action for debt. Bean v. Rumrill, 69 Okla. 300, 172 P. 452.

  2. McNeal v. Truesdell

    167 Okla. 602 (Okla. 1934)   Cited 3 times

    "Under section 4747, Id., a set-off can be pleaded in defense to an action founded on contract where the set-off is a cause of action arising upon a contract. In the case of the State Bank of Paden v. Lanam, 34 Okla. 485, 126 P. 220, this court held an action to recover double the amount of usurious interest paid was an action on an implied contract, and the doctrine announced in that case was reaffirmed in the case of Yates v. First National Bank of Mill Creek, 42 Okla. 95, 140 P. 1174. In Fanson v. Linsley, 20 Kan. 235, it is held (syllabus 1): 'A cause of action founded upon an implied contract may be the subject of set-off.' * * *

  3. Ex Parte Vancuren

    274 P. 469 (Okla. 1929)   Cited 2 times

    From an examination of both petition in error and motion for a new trial, we find no such assignment, and under the oft-repeated rule, such assignment will not be considered by this court. Graham v. Yates, 36 Okla. 148, 128 P. 119; Menten v. Shuttee, 11 Okla. 381, 67 P. 478; Yates v. First Nat. Bank of Mill Creek, 42 Okla. 95, 140 P. 1174. However, we have examined the record and do not believe the finding of the trial court was against the weight of the evidence.

  4. Baker v. Citizens' State Bank

    177 P. 568 (Okla. 1917)   Cited 11 times

    It will be noticed here that the motion for a new trial filed by the bank in the instant case does not assign subdivision 5 of said section as a reason therefor. This court in Yates v. First Nat. Bank of Mill Creek, 42 Okla. 95, Pac. 1174, held: "1. * * * This court will not review an alleged error of a trial court, unless the error complained of is assigned for review by the petition in error, as well as by the motion for a new trial.

  5. Miller v. Oklahoma State Bank

    53 Okla. 616 (Okla. 1915)   Cited 26 times

    Under section 4747, Id., a set-off can be pleaded in defense to an action founded on contract where the set-off is a cause of action arising upon a contract. In the case of the State Bank of Paden v. Lanam, 34 Okla. 485, 126 P. 220, this court held an action to recover double the amount of usurious interest paid was an action on an implied contract, and the doctrine announced in that case was reaffirmed in the case of Yates v. First National Bank of Mill Creek, 42 Okla. 95, 140 P. 1174. In Fanson v. Linsley, 20 Kan. 235, it is held (syllabus, paragraph 1):