Whitney v. Bissell
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Bean. Tbis is a suit to foreclose a mortgage on about 10 acres of orchard land near Medford, Jackson County, Oregon, given by J. H. Bissell and Edytke M. Bissell, his wife, to plaintiff, O. D. Whitney, to secure the payment of three promissory notes aggregating $7,500, a portion of which mortgage was assigned to plaintiff, C. H. H. Parker.
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From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Bean. Tbis is a suit to foreclose a mortgage on about 10 acres of orchard land near Medford, Jackson County, Oregon, given by J. H. Bissell and Edytke M. Bissell, his wife, to plaintiff, O. D. Whitney, to secure the payment of three promissory notes aggregating $7,500, a portion of which mortgage was assigned to plaintiff, C. H. H. Parker. The trial court rendered a decree in favor of plaintiffs, and defendants appeal. By their answer the defendants admit the execution of the notes and mortgage. For an affirmative…
1Opinion of the CourtJustice Bean
1, 2. It is admitted that the statement of the returns for the crop of 1910 was greatly in excess of the amount realized, which was about $700. Whitney asserts that he did not furnish Zimmer with the information, but that he stated that he had not then received the returns from the fruit association of Medford which marketed the crop, and could not state the amount; that Zimmer, the agent of Dr. Bissell, was the authority for the representation. Zimmer testified positively that he obtained the information from Whitney. Dressier at first by affidavit corroborated Zimmer, but upon further…
2Cases cited12 opinions
- Scott v. WaltonOregon Supreme Court · 1898
- Simon v. Goodyear Metallic Rubber Shoe Co.Court of Appeals for the Sixth Circuit · 1900
- Strong v. . StrongNew York Court of Appeals · 1886
- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
- McLeod v. DespainOregon Supreme Court · 1907
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3Cited by19 opinions
- Brown Et Ux v. Hassenstab Et UxOregon Supreme Court · 1957
- Cameron v. Edgemont Investment Co.Oregon Supreme Court · 1931
- Linebaugh v. Portland Mortgage Co.Oregon Supreme Court · 1925
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
- Hanna v. HopeOregon Supreme Court · 1917
14 more not listed; retrieve them via the Exa API.