Stitt v. Stringham
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Slater. This suit was brought to foreclose a mortgage upon the N. 1/2 of S. W. % of Section 10, Township 7 South, Range 1 East of Willamette Meridian, in Marion County, executed on December 16, 1895, by the defendant William N. Stringham, in favor of Charles E. Bennett, to secure the indebtedness of the former to the latter, evidenced by his promissory note for the sum of $240, with interest at 10 per cent per…
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From Marion: William Galloway, Judge. Statement by Mr. Justice Slater. This suit was brought to foreclose a mortgage upon the N. 1/2 of S. W. % of Section 10, Township 7 South, Range 1 East of Willamette Meridian, in Marion County, executed on December 16, 1895, by the defendant William N. Stringham, in favor of Charles E. Bennett, to secure the indebtedness of the former to the latter, evidenced by his promissory note for the sum of $240, with interest at 10 per cent per annum from the above date, with a provision for reasonable attorney’s fee for collection. In addition to the usual…
1Opinion of the CourtJustice Slater
1. Plaintiff offered, in evidence, 'Stringham’s note, indorsed in blank by McCusker, as administrator of the estate of Charles E. Bennett, deceased, accompanied by a written assignment of the mortgage. Objection was made to the admission of the latter, upon the general ground that it was not competent. It is now urged more specifically: (1) That the instrument offered as proof of an assignment showed upon its face an apparent erasure of the name of another and different assignee, and the substitution of plaintiff’s name therefor, and that, before the instrument could be received in evidence,>…
2Cases cited16 opinions
- Arnold v. . GreenNew York Court of Appeals · 1889
- Grimm v. O'ConnellCalifornia Supreme Court · 1880
- Pearce v. BuellOregon Supreme Court · 1892
- Lufkin v. City of GalvestonTexas Supreme Court · 1889
- Barringer v. LoderOregon Supreme Court · 1905
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3Cited by5 opinions
- Jones v. WilliamsTexas Supreme Court · 1931
- Livesay v. DearmondOregon Supreme Court · 1929
- Belcher v. BelcherOregon Supreme Court · 1939
- Robinson v. ScottOregon Supreme Court · 1916
- Sanborn v. JenningsOregon Supreme Court · 1912