First National Bank v. McCullough
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Moore. This is an action by the First National Bank of Pomeroy, Iowa, a corporation, against B. F. McCullough and M. H. Gillette, to recover on two promissory notes.
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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Moore. This is an action by the First National Bank of Pomeroy, Iowa, a corporation, against B. F. McCullough and M. H. Gillette, to recover on two promissory notes. The facts, so far as deemed material herein, are that on March 2, 1904, and November 23d of that year, the defendants obtained from one W. J.-Furnish, leases of certain lands in Umatilla County for a term wbic'h would expire Mareli 1, 1907, agreeing to give for the use of the premises $640 annually. This sum was evidenced by tbeir negotiable promissory notes, executed…
1Opinion of the CourtJustice Moore
1. It is contended that an error was committed in permitting the defendants to introduce evidence tending to show that the notes sued on were agreed to be canceled by Furnish without having first shown that Nixon, the cashier of the plaintiff bank, had knowledge of the alleged agreement. The order of proof is a matter within the sound discretion of the trial court, the exercise of which will not be disturbed, except for an abuse of such discretion: Section 842, B. & C. Comp.; Jones v. Peterson, 44 Or. 161 (74 Pac. 661). An examination of the bill of exceptions fails to disclose any misuse of…
2Cases cited12 opinions
- Baldwin v. Bank of NewburySupreme Court of the United States · 1864
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Roberts v. HallSupreme Court of Connecticut · 1870
- Woodbury v. RobertsSupreme Court of Iowa · 1882
- Bank of N.Y. v. . Bank of OhioNew York Court of Appeals · 1864
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3Cited by20 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Benson v. BirchOregon Supreme Court · 1932
- Stark v. EplerOregon Supreme Court · 1911
- Smith v. Nelson Land & Cattle Co.Court of Appeals for the Eighth Circuit · 1914
- State & Railroad & Warehouse Commission v. Rock Island Motor Transit Co.Supreme Court of Minnesota · 1940
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