Galloway v. Bartholomew
Oregon Supreme Court
From Morrow: W. R. Ellis, Judge. This is an action by J. J. Galloway against A. G. Bartholomew and J. T. Hoskins to recover on a promissory note.
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From Morrow: W. R. Ellis, Judge. This is an action by J. J. Galloway against A. G. Bartholomew and J. T. Hoskins to recover on a promissory note. The complaint alleges that on the 5th day of July, 1895, the defendants executed and delivered to the plaintiff their promissory note for the sum of $331.14, due two years from date, with interest at the rate of ten per cent per annum; that there is now due thereon from the defendants to the plaintiff the sum of $331.14, with interest at the rate of ten per cent per annum from the 5th day of July, 1895, no part of which has been paid. The defendants…
1Opinion of the CourtJustice Bean
1. Oral evidence of the contents of a writing, such as a promissory note, is not competent without first showing a legal excuse for not producing the original: Maxwell v. Bolles, 28 Or. 1 (41 Pac. 661). This rule was violated on the trial, but the error was harmless, as the evidence was immaterial. Neither the execution nor the contents of the note sued upon was in issue. It is true defendants denied its execution and delivery, except as alleged in their answers, but they afterwards affirmatively averred the execution and delivery by them to the plaintiff of a joint and several promissory…
2Cases cited3 opinions
- Maxwell v. BollesOregon Supreme Court · 1895
- Williams v. Island City Milling Co.Oregon Supreme Court · 1894
- Bowen v. ClarkeOregon Supreme Court · 1894
3Cited by7 opinions
- Cellers v. MeachemOregon Supreme Court · 1907
- Oklahoma State Bank of Sayre v. SeatonSupreme Court of Oklahoma · 1918
- Ward v. Spadra Coal CompanySupreme Court of Arkansas · 1925
- White v. SavageOregon Supreme Court · 1906
- Farmers' & Stockgrowers' Bank v. Pahvant Valley Land Co.Utah Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.