Matlock v. Scheuerman
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Commissioner Slater. Defendant appeals from a judgment entered against him for the amount of a check issued by him, under date of December 12, 1906, on the First National Bank of Pendleton, for the sum of $400, in favor of Lester Swaggart, his order, or bearer, who about noon of the' following day indorsed and delivered it to plaintiff, receiving in exchange therefor plaintiff’s check for the same amount, on the same…
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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Commissioner Slater. Defendant appeals from a judgment entered against him for the amount of a check issued by him, under date of December 12, 1906, on the First National Bank of Pendleton, for the sum of $400, in favor of Lester Swaggart, his order, or bearer, who about noon of the' following day indorsed and delivered it to plaintiff, receiving in exchange therefor plaintiff’s check for the same amount, on the same bank, payable to his order. . It is averred in the complaint that plaintiff paid Swaggart value for the check, and on the…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. All the errors assigned are included in two principal propositions, which alone are necessary to be considered, viz.: (1) Is the plaintiff a holder in due course? and (2) was he under any legal duty to stop payment on his own check, after having been denied payment of the check held by him? The statute declares that one is a holder in due course, “who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) that he became the holder of it before it was overdue, and without notice that it had been…
2Cases cited13 opinions
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Heartt v. RhodesIllinois Supreme Court · 1872
- Belmont Branch of State Bank of Ohio v. HogeNew York Court of Appeals · 1866
- Thompson v. Sioux Falls National BankSupreme Court of the United States · 1893
- Roberts v. HallSupreme Court of Connecticut · 1870
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Barthelmess v. CavalierCalifornia Court of Appeal · 1934
- Miller v. MarksUtah Supreme Court · 1914
- Montgomery Garage Co. v. Manufacturers Liability InsuranceSupreme Court of New Jersey · 1920
- Johnson v. HarrisonIndiana Supreme Court · 1912
- Triphonoff v. SweeneyOregon Supreme Court · 1913
23 more not listed; retrieve them via the Exa API.