Bertin & Lepori v. Mattison
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Burnett. The Bertin & Lepori corporation declares against N. Mattison, Martin Franciscovich and Paul Bakotich to the effect that they executed their promissory note whereby they agreed to pay the plaintiff a certain amount of money with interest and attorney’s fee; that the note has not been paid, and so much is due; and that a specified amount is a reasonable attorney’s fee.
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From Clatsop: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Burnett. The Bertin & Lepori corporation declares against N. Mattison, Martin Franciscovich and Paul Bakotich to the effect that they executed their promissory note whereby they agreed to pay the plaintiff a certain amount of money with interest and attorney’s fee; that the note has not been paid, and so much is due; and that a specified amount is a reasonable attorney’s fee. Except the corporate character of the plaintiff, all the complaint is denied by the answer filed by Franciscovich and Bakotich. They further say…
1Opinion of the CourtJustice Burnett
1. The verdict was a possible one according to the pleadings. Under the general issue it may have been that the plaintiff failed to prove the signatures of Mattison and Bakotich, but succeeded in establishing that of Franciscovich. On the controversy between *357the new matter of the answer and the reply it is plausible that Cordano made the representations mentioned to Bakotieh, but not to Franciscovieh. Under those circumstances it was allowable for the jury to find against the defendant, who was shown to be liable, and in favor of the others. Section 61, L. O. L., reads thus:
“When the action…
2Cases cited9 opinions
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Cellers v. MeachemOregon Supreme Court · 1907
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- Stivers v. ByrkettOregon Supreme Court · 1910
- Murphy v. PanterOregon Supreme Court · 1912
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3Cited by7 opinions
- Snyder v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1923
- Anderson v. Stayton State BankOregon Supreme Court · 1916
- Bertin & Lepori v. MattisonOregon Supreme Court · 1916
- Conway v. District Court of the Eighth Judicial DistrictNevada Supreme Court · 1917
- Borg v. Utah Construction Co.Oregon Supreme Court · 1925
2 more not listed; retrieve them via the Exa API.