Biddle State Bank v. Link
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Me. Justice Benson. This is an action by the Biddle State Bank, a corporation, against J. A. Link, Wilbert J. Boss, A. Ellen Dunbar, Brice Wilson and R. E. Hutchinson, to obtain judgment upon a promissory note.
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From Douglas: James W. Hamilton, Judge. Statement by Me. Justice Benson. This is an action by the Biddle State Bank, a corporation, against J. A. Link, Wilbert J. Boss, A. Ellen Dunbar, Brice Wilson and R. E. Hutchinson, to obtain judgment upon a promissory note. The complaint alleges in substance that on November 16, 1910, plaintiff, at the special instance and request of defendants Ross and Dunbar, loaned $2,200 to Ross, for which these defendants then made, executed and delivered to plaintiff their promissory note which is set out in full. That thereafter the defendants Link, Wilson and…
1Opinion of the CourtJustice Benson
The first three assignments of error are so intimately connected that we shall consider them together. They are to the effect that the court erred in admitting parol evidence of the alleged promise of defendants to pay the note, since it was a promise to answer for the debt of another and therefore in violation of the statute of frauds; that the court erred in admitting in evidence the written agreement of purchase and sale between Ross and Link as the agreement of Wilson and Hutchinson because it was an attempt to vary by parol the terms of a written instrument; that the court erred in…
2Cases cited2 opinions
- Flegel v. DowlingOregon Supreme Court · 1909
- Feldman v. McGuireOregon Supreme Court · 1899
3Cited by8 opinions
- Alvord v. BanfieldOregon Supreme Court · 1917
- Umpqua Valley Bank v. WilsonOregon Supreme Court · 1926
- Miller v. ZIEDRICHOregon Supreme Court · 1953
- Blomquist v. JenningsOregon Supreme Court · 1926
- Smith v. CampbellOregon Supreme Court · 1917
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