Coates v. Smith
Oregon Supreme Court
From Multnomah: Calvin U. Cantenbein, Judge. In Banc. Statement by Mr. Justice Bean. . This is a suit in equity to reform and foreclose a mortgage for $1,621, and interest, executed on January 2, 1913, by tbe defendants Chester A. Smith and Otis S. Smith. A demurrer was filed and sustained to the complaint. An amended complaint and a supplemental complaint were thereafter filed. Defendant R. L. Sabin, trustee in bankruptcy, demurred to the amended complaint.
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From Multnomah: Calvin U. Cantenbein, Judge. In Banc. Statement by Mr. Justice Bean. . This is a suit in equity to reform and foreclose a mortgage for $1,621, and interest, executed on January 2, 1913, by tbe defendants Chester A. Smith and Otis S. Smith. A demurrer was filed and sustained to the complaint. An amended complaint and a supplemental complaint were thereafter filed. Defendant R. L. Sabin, trustee in bankruptcy, demurred to the amended complaint. It is shown by the pleadings of plaintiff that on January 2,1913, the defendants Chester A. Smith and Otis S. Smith executed to…
1DissentJustice Bubnett
delivered the following dissenting opinion:
On January 2, 1913, Chester A. Smith and Otis S. Smith executed and delivered to the plaintiff their *571promissory note of that date, of which a copy is here set ont:
“$1,621. Portland, Oregon, January 2, 1913.
“Five years after date, without grace, we promise to pay to the order of Catherine Coates sixteen hundred and twenty-one dollars, for value received, with interest after date at rate of 7 per cent per annum until paid. Principal and interest payable in U. S. gold coin at Sunnyside, Portland, Oregon, and in case suit or action is instituted to…
2Cases cited54 opinions
- Carpenter v. DexterSupreme Court of the United States · 1869
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Summer v. MitchellSupreme Court of Florida · 1892
- Buell v. IrwinMichigan Supreme Court · 1871
- Lewis v. LewisOregon Supreme Court · 1874
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