Legal Opinion

Benn v. Kutzschan

Oregon Supreme Court

Decided April 10, 1893PublishedCited by 4 opinions

Multnomah County: E. D. Shattuck, Judge. This is an action by Charles E. Benn against Gustav Eutzschan as indorser on a promissory note of M. P. Mil-burn. Defendant moved to strike out of the complaint that portion thereof relating to attorney’s fees, and ' the motion was granted. Thereafter defendant suffered a default judgment for the amount of the note, and plaintiff now appeals from the order disallowing attorney’s fees.

1Opinion of the Court

Mu. Justice Bean

delivered the opinion of the court.

This is an action brought against the indorser of a promissory note, of which the following is a copy:

*29“ $347.00. • Portland, Or., May 19th, 1892.
“ Ninety days after date, without grace, I promise to pay to the order of J. 0. McCaffrey three hundred and forty-seven no hundredths dollars in U. S. gold coin, at Portland, Or., with interest thereon in like gold coin at the rate of 10 per cent per annum from maturity until paid, for value received. Interest to be paid after maturity, and, if not so paid, the whole sum of both principal and…

2Cases cited12 opinions

  1. Bank of Commerce v. FuquaMontana Supreme Court · 1891
  2. Heard v. Dubuque County BankNebraska Supreme Court · 1878
  3. Seaton v. ScovillSupreme Court of Kansas · 1877
  4. Sperry v. HorrSupreme Court of Iowa · 1871
  5. Stoneman v. PyleIndiana Supreme Court · 1871

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Page v. FordOregon Supreme Court · 1913
  2. Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
  3. Salisbury v. StewartUtah Supreme Court · 1897
  4. Kummer v. LaumanOregon Supreme Court · 1932

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