Rayburn v. Hurd
Oregon Supreme Court
Benton county: R. S. Bean, Judge. Plaintiff appeals. This is an action brought by the plaintiff against the defendants to recover the sum of $350 with interest on a non-negotiable promissory note, made by the defendants to J. C. Y oung, on the 28th day of August, 1888, and sold and assigned by him to the plaintiff, etc.
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Benton county: R. S. Bean, Judge. Plaintiff appeals. This is an action brought by the plaintiff against the defendants to recover the sum of $350 with interest on a non-negotiable promissory note, made by the defendants to J. C. Y oung, on the 28th day of August, 1888, and sold and assigned by him to the plaintiff, etc. The defendants admit the making of said note, but deny the assignment, and then allege affirmatively by way of set-off that the said Young? on the 28th day of August, 1888, was indebted to James C. Taylor in the sum of $299.29 for balance due on account for goods and wares…
1Opinion of the CourtLord, J.
— The principal question presented by this record relates to the defense of set-off. The objection is, that the accounts for goods sold and delivered are not liquidated, and that the defendant ought not to be permitted to plead them as a set-off, because the defendants owed the accounts at the time of the execution of the non-negotiable note by them, The accounts are for goods sold and delivered, and the amount is ascertained and definitely fixed by arithmetical computation, and they exist in the form of a debt which the defendants claim were then due and payable at the time of the transfer.…
2Cases cited7 opinions
- Avery v. BrownSupreme Court of Connecticut · 1863
- Boyer v. ClarkNebraska Supreme Court · 1873
- Callanan v. . EdwardsNew York Court of Appeals · 1865
- Smith v. HuieSupreme Court of Alabama · 1848
- Robbins v. ButlerSupreme Court of Colorado · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- Farmers & Merchants State Bank, an Idaho Banking Corporation v. Western Bank, an Oregon Banking CorporationCourt of Appeals for the Ninth Circuit · 1988
- Raski v. WiseOregon Supreme Court · 1910
- McMann v. H. F. Wilcox Oil & Gas Co.Supreme Court of Oklahoma · 1926
- Christian Community of Universal Brotherhood, Ltd. v. GrafOregon Supreme Court · 1931
1 more not listed; retrieve them via the Exa API.