Johnson v. Sheridan Lumber Co.
Oregon Supreme Court
From Polk: George H. Burnett, Judge. Statement by Mr. Justice Moore. This is an action by J. H. Johnson against the Sheridan Lumber Co., a corporation, to recover the amount of a promissory note given August 12, 1905, for $4,200, payable six months thereafter, with interest at the rate of 7 per cent per annum from that time, containing a stipulation to pay a reasonable sum as attorney’s fees in case suit should be instituted thereon, and purporting to have been executed to…
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From Polk: George H. Burnett, Judge. Statement by Mr. Justice Moore. This is an action by J. H. Johnson against the Sheridan Lumber Co., a corporation, to recover the amount of a promissory note given August 12, 1905, for $4,200, payable six months thereafter, with interest at the rate of 7 per cent per annum from that time, containing a stipulation to pay a reasonable sum as attorney’s fees in case suit should be instituted thereon, and purporting to have been executed to the plaintiff by the president and secretary of the corporation on its behalf. The amended answer admits the…
1Opinion of the CourtJustice Moore
It is contended by defendant’s counsel that the court erred in admitting in evidence the original answer filed in this cause, and in holding that an averment in that pleading afforded competent proof of the defendant’s execution of the promissory note described in the complaint, and in refusing to instruct the jury as requested. To render the legal principles thus insisted upon intelligible, it becomes necessary to advert to the bill of exceptions, which contains all the evidence given at the trial, and shows that the plaintiff offered in evidence the books of the corporation, which contained…
2Cases cited12 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Booth v. MoodyOregon Supreme Court · 1896
- Houghton & Palmer v. BeckOregon Supreme Court · 1881
- Savage v. SavageOregon Supreme Court · 1899
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3Cited by12 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Mount v. WelshOregon Supreme Court · 1926
- Pruett v. LININGEROregon Supreme Court · 1960
- Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
- Stout v. McNaryIdaho Supreme Court · 1954
7 more not listed; retrieve them via the Exa API.