National Bank of Tulsa v. Oklahoma State Bank of Vinita

1974 OK 76, 523 P.2d 1085
CourtSupreme Court of Oklahoma
DecidedJune 18, 1974
DocketNo. 45506
StatusPublished

This text of 1974 OK 76 (National Bank of Tulsa v. Oklahoma State Bank of Vinita) 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
National Bank of Tulsa v. Oklahoma State Bank of Vinita, 1974 OK 76, 523 P.2d 1085 (Okla. 1974).

Opinion

BERRY, Justice:

National Bank of Tulsa [plaintiff bank] brought this action in the District Court of Tulsa County to obtain a judgment against Irene Conine on a $45,000 promissory note plus interest and attorney fees and to recover judgment against Oklahoma State Bank of Vinita [defendant bank] on a purported $50,000 certificate of deposit issued by defendant bank.

Plaintiff bank is engaged in the banking business in the City of Tulsa, Tulsa County, Oklahoma.

Defendant Conine is a resident of Craig County, Oklahoma. Defendant bank is engaged in the banking business in Vinita, Craig County, Oklahoma. Defendant bank allegedly issued the certificate of deposit to defendant Conine as payee in Craig County-

Defendant Conine, through her husband, obtained a $45,000 loan from plaintiff bank and as consideration for the loan executed a $45,000 note payable to plaintiff bank which was delivered to plaintiff in Tulsa County. Also, she endorsed the certificate of deposit and her husband delivered it to plaintiff bank as collateral for the loan.

The trial court granted plaintiff bank a default judgment against Irene Conine and granted summary judgment for plaintiff bqjik against defendant bank. Defendant bank appeals.

Defendant bank first contends venue was not proper as to it in Tulsa County and therefore the trial court did not acquire in personam jurisdiction over it.

In this regard summons was issued and served upon defendant bank and defendant Conine in Craig County, Oklahoma. Defendant bank filed a special appearance and objected to the jurisdiction of the Tulsa County District Court on the ground of improper venue. This objection was overruled.

If the action against defendant bank was rightly brought in Tulsa County, summons could issue to defendant bank in Craig County and the District Court of Tulsa could obtain jurisdiction over it. 12 O.S. 1971 § 154.

In Missouri, Kansas, Texas Railway Co. v. Coryell, Okl., 483 P.2d 1148, we held in paragraph 1 of the syllabus:

“Venue of actions against multiple joint defendants lies only in the county or counties meeting the requirements of all applicable specific venue statutes, so that only when such requirements have been met is the action ‘rightly brought’ as that term is used in 12 O.S.1961, § 154.”

Plaintiff bank contends its petition alleged a single cause of action against defendant bank and defendant Conine. In this regard it contends a suit to recover upon a note and foreclose an interest in the collateral constitutes a single cause of action. In support of this contention it cites Howard v. Brown, 172 Okl. 308, 44 P.2d 959.

It then contends venue was proper in Tulsa County as to defendant Conine pursuant to the provisions of 12 O.S.Supp. 1965 §§ 142, 143 [since repealed]. These sections provided:

“§ 142. The venue of civil actions for the collection of an open account or for the collection of any negotiable instrument shall be, at the option of the plain[1087]*1087tiff, or plaintiffs, in either of the following:
(a) in any county in which service of summons can be obtained upon the defendant or defendants as now provided by law; or
(b) in the county in which the debt was contracted or in which the negotiable instrument was given.
“§ 143. If the action be filed in the county in which the debt was contracted or in which the negotiable instrument was given, summons may issue to any other county in Oklahoma for service upon the defendant or defendants.”

The note executed by defendant Conine was delivered to plaintiff bank in Tulsa County and the debt for which it was given was contracted in Tulsa County. Therefore, there is no contention the action against Irene Conine upon her note was not rightly brought in Tulsa County.

Sections 142 and 143, supra, do not establish venue in Tulsa County insofar as concerns plaintiff bank’s action against defendant bank on the certificate of deposit because defendant bank did not contract a debt in Tulsa County and did not give a negotiable instrument in Tulsa County.

However, plaintiff bank contends 12 O. S.1971 § 134, which provides the venue of actions against corporations organized under the laws of this State, provides venue in Tulsa County for the action against defendant bank. In this regard plaintiff bank relies upon that portion of § 134, supra, which allows a domestic corporation to be sued:

“ * * * in any county where a co-defendant of such corporation created by the laws of this state may properly be sued.”

We conclude this contention is erroneous.

In Howard v. Brown, supra, the plaintiff alleged defendant breached the terms and conditions of a note and chattel mortgage. He requested replevin, a money judgment and foreclosure of the mortgage. There we held plaintiff alleged only one cause of action, the breach of the terms and conditions of the note and mortgage, and sought three remedies.

Here plaintiff bank has brought an action for money judgment upon the note given by defendant Conine. Defendant bank is not a party to or guarantor upon that note and could not be held liable thereon.

Plaintiff bank does not seek to foreclose defendant Conine’s interest in the collateral [the certificate of deposit] as was the case in Howard v. Brown, supra, but is seeking to enforce the certificate of deposit against defendant bank.

Defendant bank’s obligation under its certificate of deposit is independent, separate and distinct from any liability, or duty or obligation owed by defendant Conine to plaintiff bank under her note. We conclude plaintiff’s petition alleges two separate causes of actions, one against defendant Conine on the note and one against defendant bank on the certificate of deposit.

12 O.S.1971 § 139, provides in part as follows:

“ * * * actions against makers of notes, claims, or other indebtedness which have been assigned, sold or transferred by or from the original payee or obligee, which actions against such original maker of such notes, claims or indebtedness can only be brought in the county in which the said maker of such note, claim or indebtedness or some one of the original makers of such note, claim or indebtedness reside. * * * ”

The action by plaintiff bank against defendant bank is an action against the maker of an indebtedness which has been assigned.

We have previously held the provisions of § 139, supra, providing venue for actions against the maker of an assigned indebtedness control over the provisions of § 134, supra, which provide venue for actions against domestic corporations.

In Hiner v. Hugh Breeding, Inc., Okl., 855 P.2d 549, plaintiff filed an action in Muskogee County to recover upon certain [1088]*1088accounts incurred by defendant in Muskogee County which had been assigned to plaintiff. Defendant, a corporation, was a “resident” of Tulsa County and summons was served upon it in Tulsa County.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MacKintosh v. Jack Matthews and Co.
855 P.2d 549 (Nevada Supreme Court, 1993)
Missouri-Kansas-Texas Railroad Co. v. Coryell
1971 OK 44 (Supreme Court of Oklahoma, 1971)
Jones v. Brown
1973 OK 98 (Supreme Court of Oklahoma, 1973)
Howard v. Brown
1935 OK 357 (Supreme Court of Oklahoma, 1935)

Cite This Page — Counsel Stack

Bluebook (online)
1974 OK 76, 523 P.2d 1085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-bank-of-tulsa-v-oklahoma-state-bank-of-vinita-okla-1974.