Medford National Bank v. Blanchard
Oregon Supreme Court
1Opinion of the CourtKelly, J.
The questions to be decided in this case fall under three general heads:
1st. As to whether the suit to rescind constitutes an election and res judicata.
2d. Whether the positive assertion that the trade acceptance was insured, which assertion was found to be false, constitutes a basis for recovery, although made in good faith.
3d. Whether testimony of refusal by the makers to pay the trade acceptance at maturity, protest thereof and liquidation, under a receivership of the makers, is sufficient to justify the submission to a jury of the question of the alleged lack of value of such acceptance.
As…
2Cases cited28 opinions
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Pittman v. Bloch Queensware Co.Court of Appeals of Texas · 1908
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3Cited by11 opinions
- Solon B. Clark, Jr., and Geraldine A. Clark, Husband and Wife, and Related Cases v. United StatesCourt of Appeals for the Ninth Circuit · 1954
- Duyck v. Tualatin Valley Irrigation DistrictOregon Supreme Court · 1987
- Horner v. WagyOregon Supreme Court · 1944
- Amort v. TupperOregon Supreme Court · 1955
- Patecky v. FRIENDOregon Supreme Court · 1960
6 more not listed; retrieve them via the Exa API.