Hoffman v. Habighorst
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Action by Julia E. Hoffman, as executrix of the estate of Lee Hoffman, deceased, against E. H. Habighorst and others, on a promissory note for $15,000, executed by the appealing defendants and five others, payable to Mrs. Sarah Wertheimer, and by her assigned to the plaintiff after maturity''. The complaint is in the usual form, setting out the note in haec verba as follows : “$15,000. Portland, Oregon, Feb. 29, 1892. “One year…
Read the full summary
From Multnomah: Alfred F. Sears, Jr., Judge. Action by Julia E. Hoffman, as executrix of the estate of Lee Hoffman, deceased, against E. H. Habighorst and others, on a promissory note for $15,000, executed by the appealing defendants and five others, payable to Mrs. Sarah Wertheimer, and by her assigned to the plaintiff after maturity''. The complaint is in the usual form, setting out the note in haec verba as follows : “$15,000. Portland, Oregon, Feb. 29, 1892. “One year after date, without grace, we jointly and severally promise to pay to the order of Mrs. Sarah Wertheimer, fifteen thousand…
1Opinion of the CourtChief Justice Bean
1. The position of the plaintiff is that the demurrer to the answer was properly sustained, because it cannot be shown by parol that the defendants were in fact accommodation makers, or sureties, for the Portland Guarantee Company. It is argued in support of this position that to permit the introduction of. such evidence would be a violation of the well-settled rule that parol evidence is not admissible to vary, alter, or affect the terms of a written contract. There is some conflict in the authorities, and especially among the earlier adjudications, as to1 the right of one who appears on the…
2Cases cited11 opinions
- Holmes v. GoldsmithSupreme Court of the United States · 1893
- Smith v. SheldenMichigan Supreme Court · 1876
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1879
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Canadian Bank of Commerce v. CoumbeMichigan Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cellers v. MeachemOregon Supreme Court · 1907
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- Lovell v. PottsOregon Supreme Court · 1924
- Oklahoma State Bank of Sayre v. SeatonSupreme Court of Oklahoma · 1918
- Bradley v. BentleySupreme Court of Alabama · 1935
14 more not listed; retrieve them via the Exa API.