Legal Opinion

United States Nat. Bank v. Thebaud

Oregon Supreme Court

Decided June 10, 1913PublishedCited by 3 opinions

From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Eakin. On June 25, 1908, the defendant C. W. Thebaud made, executed and delivered to the First Bank of Yale, afterward reorganized as the United States National Bank of Vale, the plaintiff herein, his promissory note in the sum of $1,250, subsequently assigned to the plaintiff.

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From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Eakin. On June 25, 1908, the defendant C. W. Thebaud made, executed and delivered to the First Bank of Yale, afterward reorganized as the United States National Bank of Vale, the plaintiff herein, his promissory note in the sum of $1,250, subsequently assigned to the plaintiff. The said defendant O. W. Thebaud, being a stockholder in the First Bank of Yale, and afterward a stockholder and director in the plaintiff bank, on June 1, 1910, gave to plaintiff his promissory note in the sum of $2,000 for a loan made at that time, and on…

1Opinion of the CourtJustice Eakin

The defendants join in the answer. All of the allegations of the complaint are admitted, except that it is denied that the $2,000 note and the $1,000 note were given for money loaned, alleging that they were given to cover overdrafts; and paragraph 11, which is that the conveyance to his wife by O. W. Thebaud was without consideration and with intent to delay and defraud creditors, is denied except that the conveyance is admitted and it is alleged that it was for a consideration of $18,900.

1. The principal contention of the defendant is that the notes upon which the judgment was obtained were…

2Cases cited5 opinions

  1. Weber v. RothchildOregon Supreme Court · 1887
  2. S. Marks & Co. v. CrowOregon Supreme Court · 1887
  3. Stubling v. WilsonOregon Supreme Court · 1907
  4. Walker v. HaroldOregon Supreme Court · 1903
  5. Morton v. DenhamOregon Supreme Court · 1901

3Cited by3 opinions

  1. Sitton v. PeyreeOregon Supreme Court · 1925
  2. Jones v. BeersOregon Supreme Court · 1926
  3. Stach Construction Co. v. JacksonCourt of Appeals of Oregon · 1979

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