Tillamook County Bank v. International Lumber Co.

Rehearing denied January 16, 1923.

On Petition eor Rehearing.

(211 Pac. 941.)

RAND, J.

Plaintiff, having’ filed a petition for rehearing, contends that under the doctrine announced in Mayes v. Stephens, 38 Or. 512 (63 Pac. 760, 64 Pac. 319), it was not necessary for the plaintiff to produce the note sued on or to account for its absence, and that there was as much reason to protect the maker -of the note in that case by requiring it to be surrendered up as there is in the instant case.

That case was an action in replevin to recover possession of a tubular boiler and not an action to recover on a…