Madden v. Condon Nat. Bank
Oregon Supreme Court
From Gilliam: David B. Parker, Judge. In Banc. Statement by Mr. Justice Benson. Tbis is an action by New Madden and E. L. Madden against tbe Condon National Bank, a corporation, for damages for tbe conversion of collateral securities. In 1909, according to tbe complaint, tbe plaintiffs were indebted to tbe defendant bank in tbe sum of $4,000, evidenced by two promissory notes.
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From Gilliam: David B. Parker, Judge. In Banc. Statement by Mr. Justice Benson. Tbis is an action by New Madden and E. L. Madden against tbe Condon National Bank, a corporation, for damages for tbe conversion of collateral securities. In 1909, according to tbe complaint, tbe plaintiffs were indebted to tbe defendant bank in tbe sum of $4,000, evidenced by two promissory notes. For tbe purpose of securing tbe payment of tbis debt they delivered tbe defendant three promissory notes, of the face value of $2,000 each, which had been executed and delivered to the plaintiff New Madden in 1908.…
1Opinion of the CourtJustice Benson
Defendant’s first assignment of error is that the trial court erred in denying its motion for a nonsuit. We need only to say that a careful examination of the plaintiff’s testimony discloses sufficient evidence to justify a submission of the case to the jury, and the motion was properly denied.
1. Defendant assigns as error some improper remarks of counsel for plaintiff in his argument to the jury; but, while the remarks were unquestionably improper, there is no sufficient record of any exception to the ruling of the court, and therefore they cannot be considered here.-
2, 3. The court gave the…
2Cases cited3 opinions
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
- Kingman v. PierceMassachusetts Supreme Judicial Court · 1821
- State v. WestOregon Supreme Court · 1914
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- Parmentier v. RansomOregon Supreme Court · 1946
- Preble v. HannaOregon Supreme Court · 1926
- Remington v. LandoltOregon Supreme Court · 1975
- Savage Adm'x v. PalmerOregon Supreme Court · 1955
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