Minard v. McBee
Oregon Supreme Court
From Douglas: J. C. Fullerton, Judge. This is a suit to foreclose a mortgage made to secure the payment of a promissory note executed by defendant "William McBee to Stephen Minard, calling for the sum of three thousand dollars, with interest at eight per cent, per annum, and bearing date October fourth, eighteen hundred and eighty-seven. From a decree for plaintiff defendant appeal.
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The complaint shows that certain payments, aggregating six hundred and forty-six dollars and seventy cents, were made and duly credited upon the note. The defendants, answering, allege that payments have been made on the note which are not credited thereon, “the same being in addition to the several sums admitted in the complaint to have been paid,” and, after giving the items in detail of such additional credits claimed, with dates, etc., further answering, say “that the sum total which the defendant will offset as aforesaid is seven hundred and twenty…
2Cases cited4 opinions
- Salazar v. SmartMontana Supreme Court · 1892
- Hopkins v. CothranSupreme Court of Kansas · 1876
- Benicia Agricultural Works v. Creighton & QuiveyOregon Supreme Court · 1892
- McAlister v. HowellIndiana Supreme Court · 1873
3Cited by7 opinions
- Fritz v. FritzOregon Supreme Court · 1946
- Long v. ThompsonOregon Supreme Court · 1899
- Edgren v. ReissnerOregon Supreme Court · 1964
- Howell v. HowellOregon Supreme Court · 1915
- Larsen v. DukeOregon Supreme Court · 1925
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