First National Bank v. Mack
Oregon Supreme Court
From Washington : Thos. A. McBride, Judge. Action by the First National Bank of Hillsboro against Lizzie A. Mack and another.
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From Washington : Thos. A. McBride, Judge. Action by the First National Bank of Hillsboro against Lizzie A. Mack and another. On June 15, 1894, the defendants executed and delivered to Wiley B. Allen & Company their obligation, denominated a “promissory note,” whereby they undertook to pay said company on January 1, 1895, $110, with interest at the rate of eight per cent, per annum, and a reasonable attorney’s fee in case suit or action should be instituted to collect" the same or any part thereof. It was given for the purchase price of an organ, which, by the terms thereof, was to remain the…
1Opinion of the CourtChief Justice Wolverton
At the argument a motion was filed to strike out the ’bill of exceptions because it had not been allowed by the court below, nor filed within the time prescribed by law. But this was done under a misapprehension as to the real condition of the record, and therefore requires no further notice.
1. At the trial of the cause the plaintiff called as a witness its cashier, J. D.-Merriman, who testified, in substance, that the bank purchased the note on the fifteenth day of June, 1894; and thereupon the obligation was offered and admitted in evidence, over the objection of the defendants that it was…
2Cases cited1 opinion
- Cox v. AlexanderOregon Supreme Court · 1896
3Cited by6 opinions
- State Highway Commission v. KendrickOregon Supreme Court · 1961
- Lassas v. McCartyOregon Supreme Court · 1906
- Wright v. Conservative Invest. Co.Oregon Supreme Court · 1907
- Mael v. StutsmanOregon Supreme Court · 1911
- Anderson v. EischenCourt of Appeals for the Ninth Circuit · 1926
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