Ditchburn v. Caples
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Action by Jobn Ditcbbnrn against R. E. Capíes and A. B. Capíes to recover an alleged balance due on a promissory note. Trial to tbe court and from a judgment rendered in favor of defendants, plaintiff appealed. Statement by Mb. Justice Mc-Camant. This is an action brought; to recover a balance of $150 still unpaid on a note for $400 given by defendants to plaintiff.
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From Multnomah: Calvin U. Gantenbein, Judge. Action by Jobn Ditcbbnrn against R. E. Capíes and A. B. Capíes to recover an alleged balance due on a promissory note. Trial to tbe court and from a judgment rendered in favor of defendants, plaintiff appealed. Statement by Mb. Justice Mc-Camant. This is an action brought; to recover a balance of $150 still unpaid on a note for $400 given by defendants to plaintiff. Defendants admit tbe execution of the note, but allege fraud and failure of consideration. The answer avers that the note was executed as a part of the purchase price of a woodyard sold…
1Opinion of the CourtJustice McCamant
1. The evidence in this case is conflicting. We are bound by the findings of the Circuit Court in so far as *648they are supported by any evidence. The court found that plaintiff sold to the defendants ten or twelve wagons, an electric motor, a wood-saw, a conveyor and other personal property which he did not own; that plaintiff’s representations that he owned these articles were false and that defendants purchased in reliance on them; also that the personal property so sold to defendants was taken from them by the true owner. In all of these respects the findings are supported by evidence.
2.…
2Cases cited8 opinions
- Clegg-Ray Co v. Indiana Scale & Truck Co.Supreme Court of Georgia · 1906
- Hornsby v. ButtsSupreme Court of Georgia · 1890
- Honeyman v. JarvisIllinois Supreme Court · 1872
- Krauss v. FlournoyCourt of Appeals of Georgia · 1910
- Otis Bros. v. HolmesSupreme Court of Georgia · 1900
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