Home v. Selling
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 1. The plaintiff and the defendant Emanuel May Investment Company are corporations. Emanuel May, the individual, died during the progress of this litigation and his personal representatives were substituted. On November 21, 1910, George E. Jacobs and his wife gave their note to the plaintiff for $40,000 due ten years after date, with “interest thereon quarter yearly at the rate of 6 per cent per annum from date until paid.”
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From Multnomah: Robert G. Morrow, Judge. Department 1. The plaintiff and the defendant Emanuel May Investment Company are corporations. Emanuel May, the individual, died during the progress of this litigation and his personal representatives were substituted. On November 21, 1910, George E. Jacobs and his wife gave their note to the plaintiff for $40,000 due ten years after date, with “interest thereon quarter yearly at the rate of 6 per cent per annum from date until paid.” They stipulated therein that “in case suit is instituted to collect this note or any part thereof” they would pay a…
1Opinion of the CourtBurnett, J.
One of the principal questions to be determined is whether or not the defendants contracted to pay the mortgage and whether the mortgagee can maintain an action directly against them.
1. According to the decisions in ithis state, where one accepts a deed which not only reqites the mortgage but adds that the grantee assumes it, he becomes personally liable to pay the mortgage: Miles v. Miles, 6 Or. 266, 269 (25 Am. Rep. 522); Walker v. Goldsmith, 7 Or. 161, 181; Haas v. Dudley, 30 Or. 355 (48 Pac. 168); Farmers’ National Bank v. Gates, 33 Or. 388 (54 Pac. 205, 72 Am. St. Rep. 724); Hoffman v.…
2Cases cited35 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Keller v. AshfordSupreme Court of the United States · 1890
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Willard v. WoodSupreme Court of the United States · 1890
- Parker v. JefferyOregon Supreme Court · 1894
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3Cited by28 opinions
- Romero v. HopewellNew Mexico Supreme Court · 1922
- Alexander v. HighfillWashington Supreme Court · 1943
- Reid v. KierOregon Supreme Court · 1944
- Pankey v. National Surety Co.Oregon Supreme Court · 1925
- Kinyon Investment Co. v. Belmont State BankMontana Supreme Court · 1923
23 more not listed; retrieve them via the Exa API.