Witt v. Campbell-Lakin Segar Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Chief Justice McBride. This is an appeal from the judgment of the Circuit Court of Multnomah County given in an action at law by C. B. Witt against the Campbell-Laldn Segar Co., a corporation, to recover upon a promissory note, which note was given by defendant for the price of a shipment of cigars made in pursuance of a contract which appears in full in the opinion.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Chief Justice McBride. This is an appeal from the judgment of the Circuit Court of Multnomah County given in an action at law by C. B. Witt against the Campbell-Laldn Segar Co., a corporation, to recover upon a promissory note, which note was given by defendant for the price of a shipment of cigars made in pursuance of a contract which appears in full in the opinion. The president of the defendant was called and admitted the execution of the note, which was then offered and received in evidence. The note had upon it an indorsement in…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The testimony admitted for the purpose of making a record for the Supreme Court should be treated as though it had been offered and rejected.
2. In the view that the court took of the law, it is difficult to see how the defendant has been prejudiced by the statement of the judge that he would not hear nor consider the evidence. In fact, the defendant stands in a better position upon appeal than it would had the judge made no statement of his views as to the evidence offered. Had he, after hearing all of the evidence, made the same findings that are here…
2Cases cited4 opinions
- Ayre v. HixsonOregon Supreme Court · 1908
- Van Eman v. StanchfieldSupreme Court of Minnesota · 1865
- Redmond v. StansburyMichigan Supreme Court · 1872
- Hull v. Conover's ExecutorsIndiana Supreme Court · 1871
3Cited by7 opinions
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Frederick & Nelson v. BardOregon Supreme Court · 1913
- Sevier v. MitchellOregon Supreme Court · 1914
- Bonuso v. Shroyer Loan & Finance Co.District of Columbia Court of Appeals · 1944
- Shepperd v. HolmesOregon Supreme Court · 1918
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