Allen v. Leavens
Oregon Supreme Court
Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by Wiley B. Allen against John M. Leavens to recover money.
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Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by Wiley B. Allen against John M. Leavens to recover money. Upon a trial thereof without a jury the court made the following findings of fact: “1. That on the twenty-eighth day of November, eighteen hundred and ninety-two, the said James Cusick was in the employ of the defendant Leavens and his partners, and that there was at that time wages due him from the defendant and his partners for work and labor. 2. It was at that time, verbally, mutually agreed by and between the plaintiff and the said James Cusick and the defendant…
1Opinion of the Court
Opinion by
MR. Justice Moore.
*167There being no bill of exceptions, the only question presented is whether the findings support the judgment. The defendant contends that the cause of action is founded upon a bill of exchange alleged to have been drawn on him by James Cusick in plaintiff’s favor for twenty dollars, while the plaintiff contends that it is founded upon a promise by defendant to pay Cusick’s indebtedness to plaintiff, he being Cusick’s debtor in an amount equal to such indebtedness when he made the promise; and that, the defendant’s undertaking being original, a memorandum of the…
2Cited by8 opinions
- Humphry v. PortlandOregon Supreme Court · 1916
- Miller v. Head CampOregon Supreme Court · 1904
- Masters v. BidlerOregon Supreme Court · 1921
- Lewis v. ClarkOregon Supreme Court · 1913
- St. Clair v. Jelinek Et Ux.Oregon Supreme Court · 1949
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