Rostad v. Thorsen
Oregon Supreme Court
From Multnomah.: Robert G. Morrow, Judge. Celia M. Rostad brought suit against M. G. Thorsen and others in which a decree was rendered in favor of the plaintiff and defendants appeal. Department 2. Statement by Mr. Chief Justice McBride.
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From Multnomah.: Robert G. Morrow, Judge. Celia M. Rostad brought suit against M. G. Thorsen and others in which a decree was rendered in favor of the plaintiff and defendants appeal. Department 2. Statement by Mr. Chief Justice McBride. This is a suit by the plaintiff, who is the wife of Hacon Rostad, to cancel as to her a certain deed to property in the City-of Portland, three notes, aggregating $15,270, signed also by her husband and made payable to the defendant Oregon Securities Company, and her power of attorney executed in connection with the deed and notes. The facts out of which this…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. We think it is established by the preponderance of the evidence that the defendants, at least, impliedly gave Rostad to understand that if he made restitution, he would not be prosecuted; and that there was an implied threat that unless he did make restitution the law would be permitted to take its course. The matter was in such a position that it was evident his only chance of escaping the penitentiary was to make restitution for the amount of his theft. The evidence also indicates that Rostad, previous to the visit of Hendricksen to the plaintiff,…
2Cases cited2 opinions
- Bentley v. RobsonMichigan Supreme Court · 1898
- Baldwin Co. v. SavageOregon Supreme Court · 1916
3Cited by2 opinions
- Meyer v. BardeOregon Supreme Court · 1924
- Kohler & Chase Co. v. SavageOregon Supreme Court · 1917