Legal Opinion

Foster v. Henderson

Oregon Supreme Court

Decided July 27, 1896PublishedCited by 10 opinions

From Multnomah: Hartwell Hurley, Judge. This is an action at law by J. M. Foster against C. M. Henderson and Company to recover money. The complaint contains five counts or separate causes of action.

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From Multnomah: Hartwell Hurley, Judge. This is an action at law by J. M. Foster against C. M. Henderson and Company to recover money. The complaint contains five counts or separate causes of action. In the first it is alleged that on or about the twenty-first day of February, eighteen hundred and ninety-three, the plaintiff was employed by the defendant as a commercial traveler for the period of oue year, at the agreed compensation of two hundred dollars per month and traveling expenses; that he continued in such employment until the twenty-eighth of October, eighteen hundred and…

1Opinion of the Court

Opinion by

Mr. Justice Bean.

1. No rule of law is better settled than that the ruling of a trial court in allowing or refusing an amendment of the character here under consideration will not be reversed on appeal unless it appears affirmatively that there was a plain abuse of discretion to the material injury of some substantial right of the appellant: Henderson v. Morris, 5 Or. 24; Baldock v. Atwood, 21 Or. 73 (26 Pac. 1058); Garrison v. Goodale, 23 Or. 307 (31 Pac. 709). There is no such showing in this case. The amendment was allowed before the trial, while there was yet ample opportunity to…

2Cases cited6 opinions

  1. Newton v. . PorterNew York Court of Appeals · 1877
  2. Baldock v. AtwoodOregon Supreme Court · 1891
  3. Garrison v. GoodaleOregon Supreme Court · 1892
  4. Jones v. SnappTennessee Supreme Court · 1851
  5. Henderson v. MorrisOregon Supreme Court · 1873

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Morrill v. RountreeOregon Supreme Court · 1965
  2. Nunn v. BirdOregon Supreme Court · 1900
  3. Lieuallen v. MosgroveOregon Supreme Court · 1900
  4. Capital Fertilizer Co. v. Ashcraft-Wilkinson Co.Supreme Court of Alabama · 1918
  5. Davis v. HannonOregon Supreme Court · 1896

5 more not listed; retrieve them via the Exa API.

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