Whitney v. Day
Oregon Supreme Court
From Marion: William Galloway] Judge. Department 1. Statement by Mr. Justice Burnett. In this suit the gist of the complaint is that on January 6, 1915, the plaintiffs executed and delivered to Victoria E. Newberry their note for $750, securing the same by a real estate mortgage; that afterward Phillips and later Day each commenced an action against Mrs. Newberry, who in the meantime had married a man named Young.
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From Marion: William Galloway] Judge. Department 1. Statement by Mr. Justice Burnett. In this suit the gist of the complaint is that on January 6, 1915, the plaintiffs executed and delivered to Victoria E. Newberry their note for $750, securing the same by a real estate mortgage; that afterward Phillips and later Day each commenced an action against Mrs. Newberry, who in the meantime had married a man named Young. In respect to both of these cases, without stating the nature of them, it is said in the complaint that as to the Phillips action on June 23, 1915, and as to that of Day on July 22,…
1Opinion of the CourtJustice Burnett
It is conceded and amply proved that plaintiffs, on January 6, 1915, borrowed from Mrs. Newberry $750, for which they made, executed and delivered to her their promissory note of that date, payable January 1, 1918, to her order, with interest after date at the rate of 8 per cent per annum, which note they secured by their mortgage of that date upon real property in Marion County, recorded therein January 7, 1915. It is abundantly established that on April 1,1915, the defendant Heidecker paid Mrs. Newberry $765 for the note in question, and that the latter then and there indorsed the same to…
2Cases cited12 opinions
- Harrington v. JonesOregon Supreme Court · 1909
- Fishburn v. LondershausenOregon Supreme Court · 1907
- Stephenson v. BurdettWest Virginia Supreme Court · 1904
- Rauch v. Fort Dearborn National BankIllinois Supreme Court · 1906
- Phipps v. WillisOregon Supreme Court · 1908
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3Cited by6 opinions
- Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
- Murphy v. BjelikOregon Supreme Court · 1917
- Hobgood v. SylvesterOregon Supreme Court · 1965
- Haulman v. CrumalCalifornia Court of Appeal · 1936
- Clevenger v. SmithOregon Supreme Court · 1928
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