Columbia Valley Trust Co. v. Smith
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Chief Justice Moore. This is an action by the Columbia Valley Trust Co., a corporation, v. Milton W. Smith, to recover the amount of a matured promissory note executed by the defendant to D. C. Pelton, and alleged in the complaint to have been assigned and transferred by the latter to the plaintiff, which it is averred is a private corporation, duly organized and existing under the laws of Oregon.
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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Chief Justice Moore. This is an action by the Columbia Valley Trust Co., a corporation, v. Milton W. Smith, to recover the amount of a matured promissory note executed by the defendant to D. C. Pelton, and alleged in the complaint to have been assigned and transferred by the latter to the plaintiff, which it is averred is a private corporation, duly organized and existing under the laws of Oregon. The answer denies, upon information and belief, that the plaintiff is a corporation, etc., or that Pelton assigned the note to it. The cause…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is contended by defendant’s counsel that evidence received oyer objection and exception did not substantiate the incorporation of the plaintiff, or the assignment of the note sued upon to it, and, such being the case, an error was committed in refusing to grant a judgment of nonsuit. The bill of exceptions shows that A. ,P. Tifft, as plaintiff’s witness, having testified that he was its president, counsel said: “We will offer in evidence the original articles of incorporation of the plaintiff.” An objection to the document, on the ground that it was…
2Cases cited14 opinions
- Marx v. HanthornSupreme Court of the United States · 1893
- B'd of Com'rs of Excise, Etc. v. . MerchantNew York Court of Appeals · 1886
- State v. KlineOregon Supreme Court · 1907
- Montgomery v. SomersOregon Supreme Court · 1907
- Leavengood v. McGeeOregon Supreme Court · 1907
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3Cited by1 opinion
- Marks v. WilsonOregon Supreme Court · 1914