Smith v. Turner
Oregon Supreme Court
From Harney : Morton D. Clifford, Judge. Action by Jas. W. Smith against Henry C. Turner and others on a promissory note executed April 12, 1890, for $2,440, with interest from date at the rate of 10 per cent, per annum.
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From Harney : Morton D. Clifford, Judge. Action by Jas. W. Smith against Henry C. Turner and others on a promissory note executed April 12, 1890, for $2,440, with interest from date at the rate of 10 per cent, per annum. The following payments are alleged to have been made and indorsed upon the note, viz. : November 3, 1890, $83.75; May 25, 1891, $40; December 2, 1891, $15; and September 5, 1893, $160. The prayer is for $3,974.20, and $250 additional, as a reasonable attorney’s fee for instituting this action. The answer admits the execution of the note, but denies all payments and…
1Opinion of the CourtJustice Wolverton
It is urged on the part of the plaintiff that the verdict was for a larger sum than was justified by the,pleadings, and, owing to the state of the record, this presents the only question which we feel called upon to decide at the present time. It is well understood that interest is not demandable, under our statute, upon unliquidated claims or demands : Hawley v. Dawson, 16 Or. 344, 349 (18 Pac. 592) ; Pengra v. Wheeler, 24 Or. 532, 536 (34 Pac. 354). The plaintiff’s claim bears interest because there is a contract to pay it, while, under the rule announced, the defendants’ counterclaims do…
2Cases cited2 opinions
- Pengra v. WheelerOregon Supreme Court · 1893
- Hawley v. DawsonOregon Supreme Court · 1888
3Cited by11 opinions
- Hansen v. CovellCalifornia Supreme Court · 1933
- Hunt Foods, Inc., a Corporation v. Wellington Phillips and H. W. LiholmCourt of Appeals for the Ninth Circuit · 1957
- McCowen v. PewCalifornia Court of Appeal · 1912
- Delaney v. Georgia-Pacific Corp.Court of Appeals of Oregon · 1979
- Raski v. WiseOregon Supreme Court · 1910
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