Galvin v. Lynn

Supreme Court of Oklahoma

Galvin v. Lynn

1918 OK 67, 170 P. 895, 69 Okla. 140, 1918 Okla. LEXIS 642

CourtSupreme Court of Oklahoma

DecidedFebruary 5, 1918

Docket7272

StatusPublished

Cited by1 cases

This text of 1918 OK 67 (Galvin v. Lynn) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Galvin v. Lynn, 1918 OK 67, 170 P. 895, 69 Okla. 140, 1918 Okla. LEXIS 642 (Okla. 1918).

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Opinion

Opinion by

GALBRAITH, C.

This was an action on a promissory note for $700, with interest. The plaintiff alleges that he Was a bona fide holder of the note, and that same had been assigned to him in due course and for value. The defendant answered, admitting the execution of the note, but defended on the ground that the plaintiff was not a holder in due course, and that there wlas a failure of consideration and a breach of warranty executed and delivered at the same time the note was executed and' as a part of the transaction.

There was a trial to the court and a jury, and a verdict rendered for the defendant. Judgment wias entered against the plaintiff for costs; to review that judgment an appeal has been perfected to this court.

The cause was regularly submitted on May 22, 1017, and the plaintiff in error was allowed 3 days thereafter in which to serve and file brief, and the defendant 20-days after service to reply. The brief of the plaintiff in error has been served and filed, hut the defendant in error has failed to file brief, or to give any excuse for his failure to do so. An examination of the brief of the plaintiff in error, in connection with the record, discloses that the authorities dited in the brief reasonably tend to support tbe assignments of error. *141 Therefore, under the established rule of this jurisdiction, the judgment appealed from should be reversed, and the cause remanded for a neW trial. Phillips v. Rogers et al., 30 Okla. 99, 118 Pac. 371, and cases therein cited.

It is therefore ordered that the judgment be reversed, and the cause remanded for a new trial.

By the Court: It is so ordered.

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Opinion by

GALBRAITH, C.

This was an action on a promissory note for $700, with interest. The plaintiff alleges that he Was a bona fide holder of the note, and that same had been assigned to him in due course and for value. The defendant answered, admitting the execution of the note, but defended on the ground that the plaintiff was not a holder in due course, and that there wlas a failure of consideration and a breach of warranty executed and delivered at the same time the note was executed and' as a part of the transaction.

There was a trial to the court and a jury, and a verdict rendered for the defendant. Judgment wias entered against the plaintiff for costs; to review that judgment an appeal has been perfected to this court.

The cause was regularly submitted on May 22, 1017, and the plaintiff in error was allowed 3 days thereafter in which to serve and file brief, and the defendant 20-days after service to reply. The brief of the plaintiff in error has been served and filed, hut the defendant in error has failed to file brief, or to give any excuse for his failure to do so. An examination of the brief of the plaintiff in error, in connection with the record, discloses that the authorities dited in the brief reasonably tend to support tbe assignments of error. *141 Therefore, under the established rule of this jurisdiction, the judgment appealed from should be reversed, and the cause remanded for a neW trial. Phillips v. Rogers et al., 30 Okla. 99, 118 Pac. 371, and cases therein cited.

It is therefore ordered that the judgment be reversed, and the cause remanded for a new trial.

By the Court: It is so ordered.

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Bluebook (online)

1918 OK 67, 170 P. 895, 69 Okla. 140, 1918 Okla. LEXIS 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galvin-v-lynn-okla-1918.

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