Brown v. Feldwert
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. Statement by Mr. Chief Justice Wolverton. This is an action by J. B. Brown against Theresa Feldwert and her husband on a promissory note.
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From Lane: James W. Hamilton, Judge. Statement by Mr. Chief Justice Wolverton. This is an action by J. B. Brown against Theresa Feldwert and her husband on a promissory note. The plaintiff for cause of action alleges: “That on or about the 33d day of June, 1901, at the City of Eugene, in the county of Lane, in the State of Oregon, the said defendants, Theresa Feldwert and Me Feldwert, made their certain promissory note in writing, bearing date on that day, which said promissory note is in words and figures following, to wit: “$3l5.00. Eugene, Cal., June 33, 1901. “Eight months after date, for…
1Opinion of the Court
Mr. Ci-iief Justice Wolverton
delivered the opinion.
1. There was an objection to the introduction of the note, in evidence because the words “at the rate of eight per cent per annum” appeared upon the face of it to have been erased, which being overruled, error is assigned. The execution of the note was admitted by the answer, defendants not having denied the *366fact. Neither was there any controversy relative to the identity-of the instrument, nor as to its having been changed or mutilated. The fact, therefore, that-an erasure appeared, which did not vary or alter its tenor as set out in extenso…
2Cases cited12 opinions
- Booth v. MoodyOregon Supreme Court · 1896
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- Mackey v. PetersonSupreme Court of Minnesota · 1882
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3Cited by12 opinions
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