ABRAHAM v. MIKE

ABRAHAM v. MIKE
1937 OK 101
65 P.2d 183
179 Okla. 224
Case Number: 26499
Decided: 02/16/1937
Supreme Court of Oklahoma

ABRAHAM et al.
v.
MIKE

Syllabus

¶0 1.
Where a negotiable note is delivered up to the person primarily liable thereon, a discharge by renunciation may be oral and may be proved by parol testimony.
2.
Where the possession of a note by a maker is admitted, and the parties are in dispute as to how the maker came into possession thereof, the makers are entitled to have a jury determine the question whether the note and indebtedness have been discharged and satisfied by such delivery.
3.
A negotiable promissory note is discharged when the principal debtor becomes the holder of the instrument at or after maturity in his own right.
4.
Where the principal maker of a note and mortgage pleads as a defense in an action thereon the delivery to him of such note pursuant to an oral contract to discharge the note and release the mortgage in consideration of an agreement to convey all oil and gas rights to a portion of the property covered by the mortgage lien, the delivery of the note to the maker is such performance of the contract on the part of the payee as takes the agreement out of the prohibition of the Statute of Frauds, and such contract is enforceable.
5.
Where the amount due on a note is unliquidated or disputed, payment by the debtor and acceptance by the payee in discharge of the same of a less sum than that claimed will constitute an accord and satisfaction.

Appeal from Superior Court, Creek County; C. O. Beaver, Judge.

Action on a promissory note by Frank Mike against Ed Abraham and another. From a judgment for the plaintiff, defendants appeal. Reversed and remanded, with directions.

Johnson & Jones and H. L. Arthurs, all of Bristow, for plaintiffs in error.
William L. Cheatam and Lloyd L. Smith, both of Bristow, for defendant in error.

PER CURIAM.

¶1 A stipulation having been entered into on September 3, 1935, that the decision in Abraham v. Mike (Okl.Sup.) 63 P. (2d) 743, shall control and govern this appeal, the syllabus in the above-entitled cause is hereby adopted as the opinion in this case, and the cause is disposed of in conformity therewith.