Cady v. Bay City Land Co.
Oregon Supreme Court
From Tillamook: Geo. E. Bagley, Judge. In Bane. The plaintiff brought an action against the Bay City Land Company and the defendant Solon Schiffman as the indorser of two notes alleged to have been executed by that company to Schiffman as payee, one for $1,000 and the other for $1,800, both dated “Bay City, Oregon, October 18, 1916.” The making and delivering of the notes to Schiffman are admitted.
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From Tillamook: Geo. E. Bagley, Judge. In Bane. The plaintiff brought an action against the Bay City Land Company and the defendant Solon Schiffman as the indorser of two notes alleged to have been executed by that company to Schiffman as payee, one for $1,000 and the other for $1,800, both dated “Bay City, Oregon, October 18, 1916.” The making and delivering of the notes to Schiffman are admitted. The allegations of the complaint as to the two notes are identical, but are set up in two separate causes of action. The averment upon which the contest between the plaintiff and Schiffman arises…
1Opinion of the Court
BURNETT, O. J.
At the trial, the plaintiff was called as a witness in his own behalf and was handed two promissory notes, which he stated were the instruments described in the complaint. His counsel then offered them in evidence and they were marked as plaintiff’s exhibits “A” and “B” without any objection. These exhibits, however, are not in the record before us. His counsel then made this statement: “I offer the whole instrument as it is, indorsement an,d everything else.” The bill of exceptions does not-disclose any objection to this offer. After some immaterial offers of testimony about…
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