Vermont Farm Mach. Co. v. Hall
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department No. 2. Statement by Mr. Justice Bean. This is an action by the Vermont Farm Machine Company, a corporation, against Frank W. Hall, on a promissory note. The cause was tried before the court and a jury, and a general verdict rendered in favor of defendant. A judgment was entered accordingly, from which plaintiff appeals.
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From Marion: Percy R. Kelly, Judge. Department No. 2. Statement by Mr. Justice Bean. This is an action by the Vermont Farm Machine Company, a corporation, against Frank W. Hall, on a promissory note. The cause was tried before the court and a jury, and a general verdict rendered in favor of defendant. A judgment was entered accordingly, from which plaintiff appeals. The following is shown by the record: The note in suit bears date, January 2, 1913. On or before January 1, 1914, for value received, the subscriber thereby promises to pay to the order of the Farmers’ Implement Company of…
1Opinion of the CourtJustice Bean
At the close of the evidence plaintiff’s counsel moved the court for a directed verdict in favor of plaintiff. It is sufficient upon this point to state that the evidence tended to show that the note in suit was given as a renewal note for one theretofore given to the Farmers’ Implement Company, and that the old one was not canceled or returned as agreed.
1. If the action were brought by the Farmers’ Implement Company, it could not be successfully main*315tained that that company would he entitled to collect the note in question without surrendering the old one, as the evidence tends to show there…
2Cases cited22 opinions
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- Western Union Telegraph Co. v. Kansas Ex Rel. ColemanSupreme Court of the United States · 1910
- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
- Brennan v. TitusvilleSupreme Court of the United States · 1894
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
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- Camas Stage Co. v. KozerOregon Supreme Court · 1922
- Duby v. HicksOregon Supreme Court · 1922
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- Peter & Burghard Stone Co. v. CarperIndiana Court of Appeals · 1930
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