Carney v. Duniway
Oregon Supreme Court
From Multnomah : Henry E. McGinn, Judge. This is an action by W. W. Carney against H. R. Duniway and the Brower & Thompson Lumber Company, a private corporation, to recover on four certain promissory notes, aggregating in amount about the sum of $17,000, made by the defendant Duniway and indorsed before delivery, “Brower & Thompson Lumber Co., by E. H. Thompson, Manager.”
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From Multnomah : Henry E. McGinn, Judge. This is an action by W. W. Carney against H. R. Duniway and the Brower & Thompson Lumber Company, a private corporation, to recover on four certain promissory notes, aggregating in amount about the sum of $17,000, made by the defendant Duniway and indorsed before delivery, “Brower & Thompson Lumber Co., by E. H. Thompson, Manager.” The complaint after alleging the malting of the notes by Duniway, and the incorporation of the Brower & Thompson Lumber Company, avers that the corporation, “for a valuable consideration to it paid, duly indorsed” such…
1Opinion of the CourtJustice Bean
1. Before proceeding to a consideration of the merits, it is necessary to dispose of a preliminary question of practice, which it is insisted by the plaintiff’s counsel will, when correctly determined, require an affirmance of the judgment without further examination. The bill of exceptions contains all the evidence given prior to the motion for a nonsuit, but does not affirmatively show that no evidence was introduced after the motion was overruled. The plaintiff contends that a defendant waives his motion for a nonsuit by proceeding with his defense and putting in testimony in his own…
2Cases cited29 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Castle v. BullardSupreme Court of the United States · 1860
- Bogk v. GassertSupreme Court of the United States · 1893
24 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. OsborneOregon Supreme Court · 1909
- Mount v. WelshOregon Supreme Court · 1926
- Durkee v. CarrOregon Supreme Court · 1900
- State v. LamphereOregon Supreme Court · 1963
- Ferguson v. IngleOregon Supreme Court · 1900
22 more not listed; retrieve them via the Exa API.