Bowman v. Wade
Oregon Supreme Court
Statement by Mr. Justice Slater. Plaintiff, O. P. Bowman, brought this action on April 13, 1908, against Henry Wade, to recover money loaned to defendant, alleging, substantially: That in January, 1903, he loaned him the sum of $300; that, when the same became due in April following, defendant solicited an additional loan of $700; that on April 18th of that year plaintiff loaned him the further sum of $700 upon an agreement that the whole amount of $1,000 should stand as a…
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Statement by Mr. Justice Slater. Plaintiff, O. P. Bowman, brought this action on April 13, 1908, against Henry Wade, to recover money loaned to defendant, alleging, substantially: That in January, 1903, he loaned him the sum of $300; that, when the same became due in April following, defendant solicited an additional loan of $700; that on April 18th of that year plaintiff loaned him the further sum of $700 upon an agreement that the whole amount of $1,000 should stand as a loan for three years from that date and should bear 10 per cent interest; that no part thereof, principal or interest,…
1Opinion of the CourtJustice Slater
1. The first assignment of error relied upon by defendant for a reversal of the judgment is based upon the admission, over his objection and exception, of the parol testimony of the plaintiff of the circumstances of the making of the loan and defendant’s agreement to repay the money three years after the date of the transaction. The substance of the objection is that the contract upon which the action is founded is one which was not by its terms to be performed within one year from the making thereof, and is within subdivision 1, Section 797, B. & C. Comp., commonly designated as the “statute…
2Cases cited16 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Whipple v. ParkerMichigan Supreme Court · 1874
- Pierce v. Estate of PaineSupreme Court of Vermont · 1855
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hummel v. HummelOhio Supreme Court · 1938
- Kneeland v. ShroyerOregon Supreme Court · 1958
- Lewis v. SiegmanOregon Supreme Court · 1931
- Wassil v. GilmourDistrict Court of Appeal of Florida · 1985
- Swank v. MoisanOregon Supreme Court · 1917
9 more not listed; retrieve them via the Exa API.