Peterson v. Thompson
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Me. Justice McBride. This is a suit by Etella Peterson against Emma B. Thompson, W. C. Harding Land Company, a corporation, W. C. Harding and Ada Harding, husband and wife, to foreclose a mortgage against a tract of land in Douglas County, Oregon, and in addition to secure a personal judgment against tlie defendants, W. C. Harding Land Company and W. C. and Ada Harding, husband and wife.
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From Douglas: James W. Hamilton, Judge. Statement by Me. Justice McBride. This is a suit by Etella Peterson against Emma B. Thompson, W. C. Harding Land Company, a corporation, W. C. Harding and Ada Harding, husband and wife, to foreclose a mortgage against a tract of land in Douglas County, Oregon, and in addition to secure a personal judgment against tlie defendants, W. C. Harding Land Company and W. C. and Ada Harding, husband and wife. The note which was secured by the mortgage was given by C. J. Stovin to W. C. Harding Land Company. The note and mortgage were later sold by the W. C.…
1Opinion of the CourtJustice McBride
1,2. The indorsement of defendants was without qualification, and, therefore, in the regular course of' *163business, they are liable unless the note had been previously paid or otherwise satisfied: Section 5899, L. O. L. Payment being an affirmative defense, it was incumbent upon the defendants to prove such defense by the preponderance of the evidence: Willis v. Holmes, 28 Or. 265 (42 Pac. 989). "While there is some respectable evidence tending to show that the purchase of the property was made for plaintiff’s benefit and with the understanding that the mortgages upon the property were to be…
2Cases cited2 opinions
- Sutherlin v. BloomerOregon Supreme Court · 1907
- Willis v. HolmesOregon Supreme Court · 1895
3Cited by6 opinions
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- Smith v. MillsOregon Supreme Court · 1924
- Gill v. HewittOregon Supreme Court · 1966
- Howes v. SherlockOregon Supreme Court · 1963
- Gresham State Bank v. O & K Construction Co.Oregon Supreme Court · 1962
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