Patty v. Salem Flouring Mills Co.
Oregon Supreme Court
From Marion: George IT. Burnett, Judge. Statement by Mr. Justice Moore. This is an action by Reuben Patty, as administrator of the estate of J. H. Patty, deceased, to recover the alleged value of wheat delivered to the defendant by the plaintiff’s intestate and by Thomas David, respectively; the latter claim having been assigned to the plaintiff.
Read the full summary
From Marion: George IT. Burnett, Judge. Statement by Mr. Justice Moore. This is an action by Reuben Patty, as administrator of the estate of J. H. Patty, deceased, to recover the alleged value of wheat delivered to the defendant by the plaintiff’s intestate and by Thomas David, respectively; the latter claim having been assigned to the plaintiff. The material averments of the complaint, the contradiction thereof, the allegation of facts constituting separate defenses, and the denial of such new matter are substantially the same as set forth in the pleadings in the case of Savage v. Salem…
1Opinion of the CourtJustice Moore
It is contended by defendants’ counsel that the court erred in permitting testimony given at the trial of an action in which the plaintiff herein was not a party to be read in evidence. The bill of exceptions shows that Dr. F. E. Smith testified that as a practicing physician he had visited Mr. Werner Breyman, who at the trial of this cause was too ill to attend as a witness. M. E. Pogue stated upon oath that as a stenographer he reported the case of Savage v. Salem Mills Co., 48 Or. 1 (85 Pac. 69), at the trial of which Mr. Breyman appeared as defendant’s witness, whose testimony was not…
2Cases cited5 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- Wilkins v. StidgerCalifornia Supreme Court · 1863
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Horan v. ByrnesSupreme Court of New Hampshire · 1903
- Broyles v. State ex rel. DeLongIndiana Supreme Court · 1874
3Cited by42 opinions
- Johnson v. UnderwoodOregon Supreme Court · 1922
- Rubens v. CostelloArizona Supreme Court · 1952
- First Nat. Bank v. BachOregon Supreme Court · 1920
- Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
- Rugenstein v. OttenheimerOregon Supreme Court · 1914
37 more not listed; retrieve them via the Exa API.