Hawley, Dodd & Co. v. Jette & Clark
Oregon Supreme Court
Appeal from Marion County. The facts in the case are as follows: On December 10, 1879, Jette & Clark were indebted to plaintiffs, Hawley, Dodd & Go., in tbe sum of $617 03. That on said day defendants, in Portland, Oregon, gave Hawley, Dodd & Co. an order in writing, signed by defendants, and directed to J. D. Miller, of Oregon City, Oregon, ordering said J. D. Miller to pay to plaintiffs, on the 5th day of January, 1880, the sum of three hundred dollars.
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Appeal from Marion County. The facts in the case are as follows: On December 10, 1879, Jette & Clark were indebted to plaintiffs, Hawley, Dodd & Go., in tbe sum of $617 03. That on said day defendants, in Portland, Oregon, gave Hawley, Dodd & Co. an order in writing, signed by defendants, and directed to J. D. Miller, of Oregon City, Oregon, ordering said J. D. Miller to pay to plaintiffs, on the 5th day of January, 1880, the sum of three hundred dollars. That on said 10th day of December, 1879, Miller was indebted to said firm of Jette & Clark, in said sum of $300, and was solvent. That…
1Opinion of the Court
By the Court,
Lord, C. J.:
The facts in this case were stipulated, and tried before the court. The issue upon which it was tried, was that “if the fact of Miller’s insolvency, at the time said order was due and payable, excused non-presentment for payment by *34plaintiffs, and notice of dishonor to defendants, it - is admitted that the plaintiffs are entitled to recover. If Miller’s said insolvency-was no excuse for non-presentment for payment and notice to defendants of the dishonor of the order, the defendants are entitled to recover.” The written order referred to is as follows:
“Portland,…
2Cases cited5 opinions
- Smith v. . MillerNew York Court of Appeals · 1870
- Lester & Co. v. Given, Jones & Co.Court of Appeals of Kentucky · 1871
- Smith v. . MillerNew York Court of Appeals · 1873
- Mauney v. . CoitSupreme Court of North Carolina · 1879
- Welch v. B. C. Taylor Manufacturing Co.Illinois Supreme Court · 1876
3Cited by6 opinions
- Hunt v. Security State BankOregon Supreme Court · 1919
- Harrison v. Nicollet National BankSupreme Court of Minnesota · 1889
- Erickson v. InmanOregon Supreme Court · 1898
- Jackson v. McInnisOregon Supreme Court · 1898
- American Nat. Bank v. Bank of BandonCourt of Appeals for the Ninth Circuit · 1917
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