Portland National Bank v. Scott
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Defendant appeals. This action is founded upon three several promissory notes made by the defendant to the plaintiff. The complaint is in the usual form. The answer in effect admits the execution and delivery of the notes, but denies there is anything due thereon.
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Multnomah county: E. D. Shattuck, Judge. Defendant appeals. This action is founded upon three several promissory notes made by the defendant to the plaintiff. The complaint is in the usual form. The answer in effect admits the execution and delivery of the notes, but denies there is anything due thereon. The answer for a further and separate defense then alleges: That at the time of the execution of said notes, and each of them, it was understood and agreed between the plaintiff and the defendant and the Portland & Willamette Valley Railway Company, a corporation, in consideration of the…
1Opinion of the CourtStrahan, C. J.
This record presents but two questions, both arising upon the plaintiff’s demurrer to the new matter contained in the defendant’s answer.
The first separate defense pleaded presents the question whether or not, where there is no allegation of illegality or fraud, a contemporaneous parol agreement may be pleaded *424as a defense to an action on these notes, which shows that by the terms of such agreement the notes were never to be paid by the maker — in other words, whether or not in such case it is competent to vary and contradict the writing by a separate parol agreement made at the time the…
2Cases cited8 opinions
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Pangborn v. WestlakeSupreme Court of Iowa · 1873
- Looney v. RankinOregon Supreme Court · 1888
- Mills County Nat. Bank v. PerrySupreme Court of Iowa · 1887
- Stoddard v. NelsonOregon Supreme Court · 1889
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3Cited by21 opinions
- Wilson v. WilsonOregon Supreme Court · 1894
- Tallmadge v. HooperOregon Supreme Court · 1900
- People v. DarrowCalifornia Supreme Court · 1931
- Fourth Nat. Bank of Nashville v. StahlmanTennessee Supreme Court · 1915
- Schramm v. Bank of California, National Ass'nOregon Supreme Court · 1933
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