NATIONAL LIVE STOCK BANK OF CHICAGO v. FIRST NAT'L BANK OF GENESEO

NATIONAL LIVE STOCK BANK OF CHICAGO v. FIRST NAT'L BANK OF GENESEO
1905 OK 19
79 P. 1134
15 Okla. 194
Decided: 02/11/1905
Supreme Court of Oklahoma

Supreme Court of the Territory of Oklahoma.

NATIONAL LIVE STOCK BANK OF CHICAGO, ILL.,
v.
FIRST NAT. BANK OF GENESEO, ILL.

Feb. 11, 1905.

Winston, Payne & Strawn, Stanley, Vermilion & Evans, and George S. Green, for plaintiff in error.
Botsford, Deatherage & Young and Houston & Marum, for defendant in error.

BURWELL, J.

¶1 This case was originally tried in the district court of Woodward county, and judgment rendered in favor of the National Live Stock Bank of Chicago. The First National Bank of Geneseo appealed, and this court reviewed the record and promulgated an opinion, in which it made a full statement and findings of facts and enunciated the law as applied thereto, reversed the judgment of the lower court, and remanded the case, directing a new trial. 76 Pac. 130. On the second trial in the lower court, it was agreed between the parties that a jury be waived and the case submitted on the record as made on the first trial. Judgment was rendered in favor of the Geneseo Bank, and the Chicago Bank appeals to this court. No new question is raised on this appeal. The record is the same as stated in our former opinion, and we are fully satisfied with the law as therein declared. The judgment of the lower court is hereby affirmed, at the cost of the appellant.

¶2 All of the Justices concurring, except PANCOAST, J., who presided at the trial below, not sitting. BURFORD, C. J., not participating, and BEAUCHAMP, J., absent.