Goodale Lumber Co. v. Shaw
Oregon Supreme Court
From Marion: George H. Burnett, Judge. This is an action by the Goodale Lumber Co. to recover on a promissory note-. It is alleged in the complaint “that plaintiff is a corporation organized and existing by virtue of the laws of the State of Oregon, with its head office at Salem, Oregon”; that about April 3, 1895, the defendant, W. A. Shaw, and one Win.
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From Marion: George H. Burnett, Judge. This is an action by the Goodale Lumber Co. to recover on a promissory note-. It is alleged in the complaint “that plaintiff is a corporation organized and existing by virtue of the laws of the State of Oregon, with its head office at Salem, Oregon”; that about April 3, 1895, the defendant, W. A. Shaw, and one Win. H. Smith, Sr., executed to J. C. Goodale their promissory note for the sum of $150, payable in three months, with interest at 10 per cent per annum; that Goodale assigned it to plaintiff, which is now the owner and holder thereof; that no part…
1Opinion of the CourtChief Justice Moore
1. It is contended by defendant’s counsel that, no proof having been offered tending to show that plaintiff’s articles of incorporation had been filed, or any of its capital stock taken, or directors elected, the court erred in refusing to grant the nonsuit. It is maintained by plaintiff’s counsel, however, that, as the bill of exceptions does not purport to contain all the testimony given at the trial, the action of the court in overruling the motion for nonsuit is not subject to review. “It has been repeatedly held,” says Mr. Chief Justice Bean in Adkins v. Monmouth, 41 Or. 266 (68 Pac.…
2Cases cited9 opinions
- Roberts v. ParrishOregon Supreme Court · 1889
- Coffin v. HutchinsonOregon Supreme Court · 1892
- Adkins v. MonmouthOregon Supreme Court · 1902
- Allen v. ByerlyOregon Supreme Court · 1897
- Nickum v. BurckhardtOregon Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
- Daniels v. Foster & KleiserOregon Supreme Court · 1920
- McCall v. Inter Harbor Navigation Co.Oregon Supreme Court · 1936
- Hartford Ins. v. Central R. R.Oregon Supreme Court · 1914
- The Multorpor Co. v. ReedOregon Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.