Templeton v. Lloyd
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Bean. This is a suit by C. R. Templeton against Cecil B. Lloyd. The facts are substantially as follows: On May 21, 1909, defendant executed to plaintiff a note, due in 90 days, for $2,000, with interest at 8 per cent, and a mortgage to secure the payment of the same upon one Stearns touring car, No. 1116. The note not being paid this suit was brought.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Bean. This is a suit by C. R. Templeton against Cecil B. Lloyd. The facts are substantially as follows: On May 21, 1909, defendant executed to plaintiff a note, due in 90 days, for $2,000, with interest at 8 per cent, and a mortgage to secure the payment of the same upon one Stearns touring car, No. 1116. The note not being paid this suit was brought. The complaint sets forth the note and mortgage, which were duly recorded.
1Opinion of the CourtJustice Bean
The defendant admits the execution of the note and mortgage, but denies the note is due, and asserts that the note and mortgage were given to indemnify plaintiff on account of his signing a note of L. F. Templeton for the sum of $700, dated May 21, 1909, and that plaintiff has not paid such note. In regard to the transaction, plaintiff testifies:
“I got the note for the transfer of an automobile, not this one, but another one to which I held the title, valued at $2,000.”
While defendant testifies in regard to the car for which the note and mortgage in question were given, “the car was sold to…
2Cited by3 opinions
- MacK Trucks, Inc. v. TaylorOregon Supreme Court · 1961
- Templeton v. CookOregon Supreme Court · 1914
- Platte Valley Cattle Co. v. Bosserman-Gates Live Stock & Loan Co.Court of Appeals for the Eighth Circuit · 1912