Cellers v. Meachem
Oregon Supreme Court
From Douglas: Lawrence T. Harris, Judge. Statement by Mr. Commissioner King. This is an action on a promissory note brought by Ada, Marie and Bessie Cellers against E. L. Meachem and Joseph Lyons. The note was executed December 27, 1904, and runs “90 days after date, without grace, we promise to pay,” etc., and is signed by Meachem and by Lyons, with the word “surety” added to tile name of the latter. The complaint is in the usual form.
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From Douglas: Lawrence T. Harris, Judge. Statement by Mr. Commissioner King. This is an action on a promissory note brought by Ada, Marie and Bessie Cellers against E. L. Meachem and Joseph Lyons. The note was executed December 27, 1904, and runs “90 days after date, without grace, we promise to pay,” etc., and is signed by Meachem and by Lyons, with the word “surety” added to tile name of the latter. The complaint is in the usual form. Meachem having failed to appear, default was entered against him. Lyons answered, admitting the execution of the note, and, for an affirmative defense,…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
Several errors are assigned, but the only one necessary for determination is whether or not the alleged agreement between plaintiffs and Meachem, extending the time of payment of the note, relieved Lyons from liability thereon. There is no conflict in the testimony on the issues involved, but counsel for appellants contend that the answer and the proof were insufficient to establish a valid agreement extending the time of payment. Under the conclusion reached,' it will be unnecessary to consider the question of the sufficiency of the pleadings or the evidence…
2Cases cited11 opinions
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- National Citizens' Bank v. ToplitzAppellate Division of the Supreme Court of the State of New York · 1903
- Hoffman v. HabighorstOregon Supreme Court · 1901
- Findley v. HillOregon Supreme Court · 1880
- Bowen v. ClarkeOregon Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Union Trust Co. v. McGintyMassachusetts Supreme Judicial Court · 1912
- Northern State Bank v. BellamyNorth Dakota Supreme Court · 1910
- Bradley Engineering & Manufacturing Co. v. HeyburnWashington Supreme Court · 1910
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- Mortgage Guarantee Co. v. ChotinerCalifornia Supreme Court · 1936
29 more not listed; retrieve them via the Exa API.