Bank of Gresham v. Walch
Oregon Supreme Court
From Multnomah.: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Bean. This is an action brought by the Bank of Gresham against L. "Which to recover the sum of $750, balance due upon the principal of a promissory note dated July 13, 1912, for $1,000, with interest and attorney’s fees.
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From Multnomah.: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Bean. This is an action brought by the Bank of Gresham against L. "Which to recover the sum of $750, balance due upon the principal of a promissory note dated July 13, 1912, for $1,000, with interest and attorney’s fees. To this complaint defendant interposed the defense of fraud, and, as a basis thereof, alleges the existence of a conspiracy between the plaintiff and the Co-operative Supply House. The details of the transaction are set forth in the answer, in substance, as follows: That on or about June 22, 1912,…
1Opinion of the CourtJustice Bean
1, 2. Counsel for plaintiff objected and excepted to the introduction of any evidence in support of the allegations of defendant’s answer, for the reason that the same did not state facts sufficient to constitute a defense of fraud. With this contention we are unable to agree. The knowingly false and written representations made to defendant for the purpose of indue*278ing him to purchase the worthless stock and execute the note upon which defendant relied as set forth in the answer were sufficient to permeate the whole transaction and vitiate the same. It was stated to defendant in writing that…
2Cases cited4 opinions
- Anderson v. AdamsOregon Supreme Court · 1903
- McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913
- Nevada Bank v. Portland Nat. BankU.S. Circuit Court for the District of Oregon · 1893
- Bringman v. Von GlahnAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by18 opinions
- Barnes v. Eastern & Western Lumber Co.Oregon Supreme Court · 1955
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- American National Bank v. KerleyOregon Supreme Court · 1923
- Merchants' National Bank v. SmithMontana Supreme Court · 1921
- Bank of Commerce & Savings v. RandellNebraska Supreme Court · 1921
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