Legal Opinion

Adams v. Rutherford

Oregon Supreme Court

Decided December 3, 1885PublishedCited by 8 opinions

Marion County. Plaintiff appeals. As against a maker of a promissory note or acceptor of a bill of exchange payable at a specific place, it is not necessary for the holder thereof to make demand of payment at such place, as a condition precedent to bringing an action thereon; nor to aver such demand in the complaint, or prove it on the trial. (Moak’s Van Sant. PI.,. 3d ed., 321; Adams v. Hackensack Imp. .Com., 43 Am.

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Marion County. Plaintiff appeals. As against a maker of a promissory note or acceptor of a bill of exchange payable at a specific place, it is not necessary for the holder thereof to make demand of payment at such place, as a condition precedent to bringing an action thereon; nor to aver such demand in the complaint, or prove it on the trial. (Moak’s Van Sant. PI.,. 3d ed., 321; Adams v. Hackensack Imp. .Com., 43 Am. Rep... 407. The liability of the maker of a note payable at a. particular place, or of the acceptor of a bill so payable, is-not a conditional liability depending upon…

1Opinion of the CourtThayer, J.

This appeal is from a decree of the Circuit Court for the county of Marion, rendered in a suit. *80brought by the appellant against the respondents to foreclose a mortgage. It appears that on the twenty-third day of August, 1883, the respondent R. H. Rutherford executed to one Jesse Adams a promissory note, of which the following is a copy:

“On or before five years after date, without grace, I promise to pay to the order of Jesse H. Adams, at Salem, Oregon, twenty-three ($2,300) hundred dollars in gold coin of the United States of America, of the present standard value, with interest thereon in…

2Cited by8 opinions

  1. Console v. TorchinskySupreme Court of Connecticut · 1922
  2. Perkins v. SwainIdaho Supreme Court · 1922
  3. Harrison v. BealsOregon Supreme Court · 1924
  4. McCue v. BradburyCalifornia Supreme Court · 1906
  5. Johnson v. GoreMississippi Supreme Court · 1955

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