Legal Opinion

McNamee v. First Nat. Bank

Oregon Supreme Court

Decided May 21, 1918PublishedCited by 10 opinions

From Douglas: James W. Hamilton, Judge. Between January 22, 1906, and November 18, 1910, G-. P. McNamee deposited $6,057.92 with the First National Bank of Roseburg, and he withdrew $3,101.32, leaving a balance of $2,956.60 which he is attempting to recover in this áction. The bank defended by averring that the alleged balance of $2,956.60 had been withdrawn by T. P. Sheridan pursuant to authority conferred upon him by the plaintiff.

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From Douglas: James W. Hamilton, Judge. Between January 22, 1906, and November 18, 1910, G-. P. McNamee deposited $6,057.92 with the First National Bank of Roseburg, and he withdrew $3,101.32, leaving a balance of $2,956.60 which he is attempting to recover in this áction. The bank defended by averring that the alleged balance of $2,956.60 had been withdrawn by T. P. Sheridan pursuant to authority conferred upon him by the plaintiff. There was a verdict and judgment for the defendant; but upon the motion of the plaintiff the court set aside the verdict and judgment and granted a new trial,…

1Opinion of the CourtPiarris, J.

Under date of February 9, 1913, the plaintiff mailed to O. P. Coshow, an attorney residing at Roseburg, a letter, the language of which is as follows :

*638“Enclosed please find the copy of three letters which I received from Mr. T. B. Sheridan in regard to money which he drew ont of the First National Bank of Bosebnrg to loan for me, also one from the Bank Examiner. Now, this money was taken ont very near two years ago and I have not received any interest on it. Mr. Sheridan has not as yet sent me anything to secure me or informed me who he loaned it to although I wrote him two letters, the first…

2Cases cited8 opinions

  1. Sullivan v. WakefieldOregon Supreme Court · 1913
  2. Forrest v. Portland Ry. L. & P. Co.Oregon Supreme Court · 1913
  3. State v. WellsOhio Supreme Court · 1842
  4. Young's EstateOregon Supreme Court · 1911
  5. Fowler v. Phœnix InsuranceOregon Supreme Court · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Stark Street Properties, Inc. v. TeufelOregon Supreme Court · 1977
  2. Cole v. JohnsonOregon Supreme Court · 1922
  3. Sitton v. PeyreeOregon Supreme Court · 1925
  4. State v. ForsythCourt of Appeals of Oregon · 1975
  5. Vance v. StateTennessee Supreme Court · 1950

5 more not listed; retrieve them via the Exa API.

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