Fiore v. Ladd
Oregon Supreme Court
From. Multnomah: E. D. Shattuck, Judge. This action was commenced on the eighth day of May, eighteen hundred and ninety-one, by Saverio Fiore against W. S. Ladd and W. M. Ladd, bankers, doing business as Ladd and Tilton for the recovery of the sum of eight hundred dollars.
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From. Multnomah: E. D. Shattuck, Judge. This action was commenced on the eighth day of May, eighteen hundred and ninety-one, by Saverio Fiore against W. S. Ladd and W. M. Ladd, bankers, doing business as Ladd and Tilton for the recovery of the sum of eight hundred dollars. The complaint avers, in substance, that on the thirteenth of April, eighteen hundred and ninety-one, plaintiff deposited with defendants eight hundred dollars; that they thereupon issued to him a certificate of deposit therefor payable in three months on return of the certificate; that on the same day defendants wrongfully…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
1. It is first contended that the court erred in overruling the defendants’ motion for judgment notwithstanding the verdict, and in entering judgment in favor of plaintiff, for the reason that the complaint on its face shows that the action was commenced prior to the maturity of the certificate of deposit referred to and set out in the complaint. Although this cause has been three times tried before as many juries, and has been to this court twice before on appeal, the objection that it was prematurely brought was never raised or suggested in any way until after the…
2Cases cited11 opinions
- Moore v. SargentIndiana Supreme Court · 1887
- Hallum v. DickinsonSupreme Court of Arkansas · 1886
- Educational Ass'n of Christian Churches v. HitchcockSupreme Court of Kansas · 1866
- Collette v. WeedWisconsin Supreme Court · 1887
- Mitchell v. GeisendorffIndiana Supreme Court · 1873
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3Cited by26 opinions
- Wiebe v. SeelyOregon Supreme Court · 1959
- State Highway Commission v. DealOregon Supreme Court · 1951
- Minot v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Cochran v. BakerOregon Supreme Court · 1899
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
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