Hughes v. Pratt
Oregon Supreme Court
From Multnomah : John B. Cleland, Judge. In April, 1898, the defendant F. B. Pratt commenced an action in the Circuit Court of Multnomah County against Ellis G. Hughes, the plaintiff herein, to recover on a joint and several promissory note for $20,000, in favor of John Green, executed by said Hughes, Charles E. Ladd and others, and assigned to him by Green.
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From Multnomah : John B. Cleland, Judge. In April, 1898, the defendant F. B. Pratt commenced an action in the Circuit Court of Multnomah County against Ellis G. Hughes, the plaintiff herein, to recover on a joint and several promissory note for $20,000, in favor of John Green, executed by said Hughes, Charles E. Ladd and others, and assigned to him by Green. About the same time he began a like action upon a promissory note for $5,500, in favor of Annie-Breck, executed by the Chamber of Commerce, the payment of which was guaranteed jointly and severally by Hughes, Ladd and other persons. The…
1Opinion of the CourtJustice Bean
1. The decree of the court below indicates that Pratt’s demurrer was treated as if it went to the entire cross bill, and, while it is not specifically directed to the first cause of suit, it may be consistently considered as challenging its sufficiency, because the second cause of suit is substantially the same as the first, to which the demurrer is specifically directed.
2. The argument in support of the demurrer is that the facts alleged do not constitute a defense requiring the interposition of a court of equity, and that all the questions therein tendered can be tried out at law, and as a…
2Cases cited4 opinions
- Holmes v. GoldsmithSupreme Court of the United States · 1893
- First National Bank v. GainesCourt of Appeals of Kentucky · 1888
- Harrison v. MorrisonSupreme Court of Minnesota · 1888
- Hale v. ForbisMontana Supreme Court · 1879
3Cited by5 opinions
- Cellers v. MeachemOregon Supreme Court · 1907
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- Hoffman v. HabighorstOregon Supreme Court · 1901
- Hughes v. LaddOregon Supreme Court · 1902
- Robinson v. LinnOregon Supreme Court · 1937