Wicks v. Metcalf
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Suit by Ida May Wicks against H. K. Metcalf and Andrew Brund. From a decree in favor of plaintiff, defendants appeal. Department 1. Statement by Mr. Justice Benson. This is a suit to enjoin tbe prosecution of a certain action at law as against the plaintiff.
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From Lane: George F. Skipworth, Judge. Suit by Ida May Wicks against H. K. Metcalf and Andrew Brund. From a decree in favor of plaintiff, defendants appeal. Department 1. Statement by Mr. Justice Benson. This is a suit to enjoin tbe prosecution of a certain action at law as against the plaintiff. From the allegations of the complaint it appears that on March 15, 1912, Joseph Wicks, husband of plaintiff Ida May Wicks, was indebted to defendants in the sum of $1,238.53, and on that day the defendants asked Wicks to secure the debt by giving them his promissory note therefor, secured by a…
1Opinion of the CourtJustice Benson
1. Appellants contend that the amended complaint does not state facts sufficient to constitute a cause of *690suit and we think that this position is well taken. The plaintiff admits that she signed the promissory notes and there is no hint in the pleading that she did not clearly understand their meaning and import. The substance of the allegation is that the defendants represented to her that it would be necessary for her to sign the notes as well as the mortgage in order to make good the security; that such representations were false and made for the purpose of deceiving her; and that she…
2Cases cited5 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Burt v. BowlesIndiana Supreme Court · 1879
- Clem v. Newcastle & Danville RailroadIndiana Supreme Court · 1857
- Richmond v. Ogden Street Ry. Co.Oregon Supreme Court · 1903
- Rogan v. Illinois Trust & Savings BankAppellate Court of Illinois · 1901
3Cited by13 opinions
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- Shell Oil Co. v. BoyerOregon Supreme Court · 1963
- Associated Oil Co. v. La BranchOregon Supreme Court · 1932
- Ball v. Associated Oil Co.Oregon Supreme Court · 1935
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