Dennison v. Jossi
Oregon Supreme Court
' From Multnomah: George W. Stapleton, Judge. Department 1. By mistake John Dennison satisfied a mortgage owned by him, and upon discovery of his mistake brought this suit for the purpose of reinstating and foreclosing the mortgage. There was a decree dismissing the suit and the plaintiff appealed. On.
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' From Multnomah: George W. Stapleton, Judge. Department 1. By mistake John Dennison satisfied a mortgage owned by him, and upon discovery of his mistake brought this suit for the purpose of reinstating and foreclosing the mortgage. There was a decree dismissing the suit and the plaintiff appealed. On. July 31, 1908, Chester A. Sheppard and his wife g’ave to John.Dennison their promissory note for $750, payable on July 31, 1911, with interest at 8% per annum payable semi-annually; and, to secure the note, they also gave a mortgage on lot 25 in block 1 in Crestón, Multnomah County, Oregon.…
1Opinion of the CourtHarris, J.
The mistake made by Dennison was, either wholly or in part, the result of his own indi*586vidual negligence. It is possible that the recording officer who prepared the entry and attested Dennison’s signature to the satisfaction of the mortgage shared in the negligence; but whether he did or not is immaterial as between Dennison and defendants Boise and Jossi. The note which was secured by the mortgage on lot 5 was paid and after it was paid Dennison went to the courthouse for the purpose of satisfying the mortgage which covered lot 5. Dennison testified that he “went in the courthouse and laid…
2Cases cited6 opinions
- Raymond v. FlavelOregon Supreme Court · 1895
- Larzelere v. LarzelereMichigan Supreme Court · 1878
- Jennings v. LentzOregon Supreme Court · 1908
- McDougal v. LameOregon Supreme Court · 1901
- Talbot v. JosephOregon Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Belt Et Ux. v. MatsonOregon Supreme Court · 1926