Le Clare v. Thibault
Oregon Supreme Court
From Baker: Bobeet Eakin, Judge. This is a suit by Edmond D. Le Clare against N. H. Thibault and another to foreclose a mortgage.
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From Baker: Bobeet Eakin, Judge. This is a suit by Edmond D. Le Clare against N. H. Thibault and another to foreclose a mortgage. It is alleged in the complaint that on April 6, 1901, the defendants, in part consideration for the purchase of an interest in certain quartz mines in Baker Corud^, Oregon, executed to plaintiff their promissory note for the sum of $2,000, payable in six months, with interest, secured by a mortgage on the premises so purchased; that, no part of the note having been paid, the prayer is that the mortgage be foreclosed, and said interest in the mines be sold to…
1Opinion of the CourtJustice Moore
1. It is not alleged in the first separate defense that the Empire Mining Company is either a corporation or a partnership, or that it was authorized to receive the money due on the note, or capable of discharging the defendants from their liability in consequence of the alleged payment. The allegations of new matter in the answer having been challenged by demurrer, the averments of fact therein are to be most strongly construed against the pleader (Cederson v. Oregon Nav. Co., 38 Or. 343 (62 Pac. 637, 63 Pac. 763); and, the answer having failed to state the right of the alleged cestui que…
2Cases cited15 opinions
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- State v. KnightenOregon Supreme Court · 1901
- Willis v. CrawfordOregon Supreme Court · 1901
- Mitchell v. HolmanOregon Supreme Court · 1897
- Keightley v. WallsIndiana Supreme Court · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hancammon v. . CarrSupreme Court of North Carolina · 1948
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Chance v. CarterOregon Supreme Court · 1916
- Merrill v. HexterOregon Supreme Court · 1908
- State v. Pacific Live Stock Co.Oregon Supreme Court · 1919
13 more not listed; retrieve them via the Exa API.