Smith v. Foster
Oregon Supreme Court
Appeal from Benton County. This was an action to recover a balance due upon a promissory note executed by appellant to William Poster on the 4th day of Pebruary, 1864, due one day after date. It is alleged in the answer that at the time of the execution and delivery of the note, one James Poster was the agent of William Poster to collect and receive money for him, and to forward-the same to him in Missouri or retain it on deposit, as he might deem best.
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Appeal from Benton County. This was an action to recover a balance due upon a promissory note executed by appellant to William Poster on the 4th day of Pebruary, 1864, due one day after date. It is alleged in the answer that at the time of the execution and delivery of the note, one James Poster was the agent of William Poster to collect and receive money for him, and to forward-the same to him in Missouri or retain it on deposit, as he might deem best. Immediately after the execution of the note, and when the same became due (which was the next day after its execution), appellant was ready…
1Opinion of the Court
By the Court,
Prim, J.:
Under the Code, a pleading should contain a Concise statement of the facts constituting the cause of action or defense, instead of the circumstances and evidence from which such facts may be inferred.
This answer appears to be obnoxious to this rule of pleading; but waiving this objection, we think the demurrer to the answer was properly sustained, upon the ground that the matters set up in it were insufficient to constitute a defense to the cause of action contained in the complaint.
The answer undertakes to satisfy one promise by making another without alleging that the…
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- Bush v. AbrahamOregon Supreme Court · 1894
- McDowell Welding & Pipefitting, Inc. v. United States Gypsum Co.Court of Appeals of Oregon · 2006
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