[DOWNLOAD] "White v. City Nat. Bank of Norman" by Supreme Court of the State of Oklahoma " Book PDF Kindle ePub Free
eBook details
- Title: White v. City Nat. Bank of Norman
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 02, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1 This is a suit to recover a money judgment on a cashiers check. The check was dated January 15, 1951, and was issued by The Liberty National Bank, of Oklahoma City, Oklahoma, to Martin Towell. Plaintiff alleged in his petition that he acquired ownership of the check after it had been duly endorsed by Martin Towell. The testimony revealed that plaintiff acquired ownership of the check from Howard McCormack, but the check was not endorsed by McCormack. The plaintiff, Jack White, endorsed the check under the endorsement of City Produce Co., and deposited it in The City National Bank of Norman, Oklahoma, on January 17, 1951. On May 17, 1951, the cashiers check was returned by The Liberty National Bank of Oklahoma City, Oklahoma, to The City National Bank of Norman, Oklahoma, and was charged against that bank. The Norman bank then charged the check against the account of the plaintiff. Plaintiff thereafter instituted this action in the District Court of Cleveland County, Oklahoma, alleging ownership of the cashiers check through the endorsement of the payee, Martin Towell, and the defendants and each of them filed verified answers containing general denials, containing an express denial that the check was endorsed by the payee, and a further defense that the endorsement of the payee was a forgery. To these answers, the plaintiff filed a general denial reply. The case was thereafter tried to the Court on December 12, 1951, at which time the plaintiff offered in evidence the check, and testified as to how ownership had been acquired, but no evidence was offered by the plaintiff as to the execution or genuineness of the endorsement of Martin Towell, the payee. At the close of plaintiffs testimony, plaintiff rested. Whereupon, both defendants demurred to the evidence. Whereupon, the Court announced that he was of the opinion that the verified denials made it incumbent upon the plaintiff to prove the genuineness of the endorsement and the delivery of the check. Plaintiff asked to reopen the case to offer additional evidence, and the Court recessed until 2:00 oclock, at which time the Court inquired if the plaintiff had additional testimony to offer, and upon the plaintiffs statement that he had no testimony available at that time, the Court entered judgment sustaining the demurrers of each of the defendants, and entered judgment for the defendants. From the judgment in favor of the defendants, the plaintiff, the averred owner and holder of the check, brings this appeal.