Legal Opinion

La Grande Nat. Bank v. Oliver

Oregon Supreme Court

Decided October 15, 1918Published

From Multnomah: Robert Tucker, Judge. Department 2. This is an action by the plaintiff against the defendant on a promissory note for $1,700 dated January 30, 1910, upon which there was a credit of $16.33 as of March 27, 1913. The defendant admits the execution of the note and as a defense and counterclaim alleges that he owned 760 acres of land in Union County, known as the E. W. Oliver farm, which he leased to Frank Cullen for seven years beginning October 1,. 1909, taking…

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From Multnomah: Robert Tucker, Judge. Department 2. This is an action by the plaintiff against the defendant on a promissory note for $1,700 dated January 30, 1910, upon which there was a credit of $16.33 as of March 27, 1913. The defendant admits the execution of the note and as a defense and counterclaim alleges that he owned 760 acres of land in Union County, known as the E. W. Oliver farm, which he leased to Frank Cullen for seven years beginning October 1,. 1909, taking promissory notes for the amount of each annual rent, each note falling due on October 1st of the respective year of the…

1Opinion of the CourtJohns, J.

On a former appeal, in an opinion by Mr. Justice Burnett, this court held that the facts alleged in the answer constituted a valid defense and counterclaim to plaintiff’s cause of action: La Grande Nat. Bank v. Oliver, 84 Or. 582 (165 Pac. 682), and the question is now presented as to whether the proof sustains such allegations. It is undisputed that the defendant was the owner of, and held the record title to, 760 acres of agricultural land in Union County, Oregon, known as the E. W. Oliver farm; that on October 1, 1909, he leased the farm to Frank Cullen for a period of seven years from…

2Cases cited5 opinions

  1. McCaffrey v. . WoodinNew York Court of Appeals · 1875
  2. Butt v. EllettSupreme Court of the United States · 1874
  3. Baxter v. BushSupreme Court of Vermont · 1857
  4. DeVaughn v. HowellSupreme Court of Georgia · 1889
  5. La Grande Nat. Bank v. OliverOregon Supreme Court · 1917

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