Legal Opinion

McNiel v. Holmes

Oregon Supreme Court

Decided July 6, 1915PublishedCited by 4 opinions

From Multnomah.: Thomas J. Cleeton, Judge. Statement by Mb.. Justice Harris. This is a suit by Sarah L. McNiel against Edwin C. Holmes, in which the plaintiff seeks to annul two real estate transactions, and to recover the moneys paid on account of the lands. The properties involved are known as the Seror Park or Eockwood Tract and the Hnion Avenue lots. The discordant stories of the litigants are told in the pleadings.

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From Multnomah.: Thomas J. Cleeton, Judge. Statement by Mb.. Justice Harris. This is a suit by Sarah L. McNiel against Edwin C. Holmes, in which the plaintiff seeks to annul two real estate transactions, and to recover the moneys paid on account of the lands. The properties involved are known as the Seror Park or Eockwood Tract and the Hnion Avenue lots. The discordant stories of the litigants are told in the pleadings. The complaint alleges that the plaintiff, being threatened with blindness, sought and obtained, the professional services of the defendant, who is a practicing physician; that…

1Opinion of the CourtJustice Harris

1. The plaintiff was suffering from an impairment of her vision, and had moved to Portland with the hope that a change of residence would improve the condition of her eyes. She had consulted with an occulist at her former place of residence, who gave her no encouragement, and she seemed to be in danger of be*170coming blind. After arriving in Portland she consulted with defendant, and the relation of physician and patient existed from March, 1910, until May, 1913, When the plaintiff first interviewed the defendant she was, in the language of defendant, “a nervous, fretful woman at that time.” By…

2Cases cited4 opinions

  1. McCoy v. Crossfield.Oregon Supreme Court · 1909
  2. Flinn v. VaughnOregon Supreme Court · 1910
  3. Mills v. GoodsellSupreme Court of Connecticut · 1825
  4. Friesenhahn v. BushnellSupreme Court of Minnesota · 1891

3Cited by4 opinions

  1. Thimsen v. ReigardOregon Supreme Court · 1920
  2. Williams v. Pilgrim Turkey Packers, Inc.Oregon Supreme Court · 1972
  3. Jones v. SheflerOregon Supreme Court · 1915
  4. Oregon Mortg. Co. v. RennerDistrict Court, D. Idaho · 1937

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