Legal Opinion

Mitchell v. Holman

Oregon Supreme Court

Decided January 18, 1897PublishedCited by 21 opinions

From Marion: H. H. Hewitt, Judge. This suit was brought by S. Z. Mitchell, E. P. McCornack, and others against Thos. Holman, A. S. Bush, and others, to compel the allowance of an offset to a judgment obtained against the plaintiffs by Bush on a note which he held as collateral from Holman.

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From Marion: H. H. Hewitt, Judge. This suit was brought by S. Z. Mitchell, E. P. McCornack, and others against Thos. Holman, A. S. Bush, and others, to compel the allowance of an offset to a judgment obtained against the plaintiffs by Bush on a note which he held as collateral from Holman. That case ■was appealed on the question whether an agreement in a note to pay an attorney fee “in case of suit” would support a recovery of such a fee in an action on the note, the distinction between the two classes of proceedings being still maintained in this State: Burr age v. Bonanza Gold Min. Co., 12…

1Opinion of the Court

Opinion by

Mr. Justice Bean.

This suit arises out of the following facts: On February 24, 1893, the defendant Bush recovered judgment against the plaintiffs for the sum of $24,566.50 on a promissory note, of date August 31, 1892, executed by them to the defendant Holman, and by him indorsed and transferred to Bush before maturity, as collateral security for about $16,000. Prior to the commencement of this *282present suit, the plaintiffs paid Mr. Bush $22,379.97 on the judgment, and, as an offset to the balance of $2,938,' tendered a receipt in full for a claim of that amount which they held…

2Cases cited6 opinions

  1. Lewis v. LewisOregon Supreme Court · 1874
  2. Stephens v. MurtonOregon Supreme Court · 1876
  3. Epstein v. State InsuranceOregon Supreme Court · 1891
  4. Kleinsorge v. RohseOregon Supreme Court · 1893
  5. Wood v. Lost Lake Manufacturing Co.Oregon Supreme Court · 1890

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

3Cited by21 opinions

  1. Churchill v. MeadeOregon Supreme Court · 1919
  2. Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
  3. Le Clare v. ThibaultOregon Supreme Court · 1902
  4. Hughey v. SmithOregon Supreme Court · 1913
  5. Lytle v. HulenOregon Supreme Court · 1928

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

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