Kohler & Chase Co. v. Savage
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. In Banc. Statement by Mr. Justice Moore. This is an action by Kohler & Chase Company, a corporation, against L. F. Savage and J. F. Savage to recover on a promissory note executed by tbe defendants to tbe plaintiff April 2, 1913, for $650.95, maturing in 60 days with 8 per cent interest, on account of which there had been paid $382. The complaint is in the usual form and demands judgment for the remainder due on the note and attorney’s…
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From Marion: Percy R. Kelly, Judge. In Banc. Statement by Mr. Justice Moore. This is an action by Kohler & Chase Company, a corporation, against L. F. Savage and J. F. Savage to recover on a promissory note executed by tbe defendants to tbe plaintiff April 2, 1913, for $650.95, maturing in 60 days with 8 per cent interest, on account of which there had been paid $382. The complaint is in the usual form and demands judgment for the remainder due on the note and attorney’s fees as provided for therein. J. F. Savage, alone answering, admitted that plaintiff was a corporation, and alleged that on…
1Opinion of the CourtJustice Moore
W. S. Phillips, who at the time the note was executed was the plaintiff’s manager at Portland, Oregon, testified that his principal, retaining the title, consigned pianos to L. F. Savage, who was authorized to sell them, retain his commission, and send the remainder of the purchase price to the plaintiff, and that such broker sold musical instruments receiving therefor $650.95 as the plaintiff’s part of the money, which he converted to his own use. J. F. Savage testified that having been called by a phone message from a farm where he was living to Salem, Oregon, on the day the note was given…
2Cases cited5 opinions
- Buchtel v. EvansOregon Supreme Court · 1891
- Beamish v. NoonOregon Supreme Court · 1915
- Marx & Jorgenson v. CroisanOregon Supreme Court · 1889
- Guinn v. Sumpter Valley Railway Co.Oregon Supreme Court · 1912
- Rostad v. ThorsenOregon Supreme Court · 1917
3Cited by3 opinions
- Uhlmann v. Kin DawOregon Supreme Court · 1920
- Meyer v. BardeOregon Supreme Court · 1924
- Heider v. UnicumeOregon Supreme Court · 1933