Pennings v. Giboni
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Action by Mary M. Pennings against Peter Griboni in which judgment was rendered in favor of plaintiff and defendant appealed. Department 2. Statement by Mr. Justice Benson.
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From Multnomah: John P. Kavanaugh, Judge. Action by Mary M. Pennings against Peter Griboni in which judgment was rendered in favor of plaintiff and defendant appealed. Department 2. Statement by Mr. Justice Benson. This is an action for the recovery of money. . The complaint sets out two causes of action: (1) A nonnegotiable note for $400; and (2) a debt of $100. It is alleged that both of these obligations were originally the property of A. J. Pennings, who on January 2, 1913, assigned them to plaintiff; that on February 15, 1913, plaintiff notified defendant of the assignment to her, and…
1Opinion of the CourtJustice Benson
There is a large number of assignments of error but the greater number of them involves but one question which may be fairly stated thus: Does plaintiff’s affirmative defense, as set out in the reply, involve admissions which defeat the causes of action as set out in the complaint? Defendant urges that the allega*115tions in the reply are pregnant with admissions that the ehoses in action upon which the complaint is based were either not assigned to the plaintiff prior to the alleged settlement of March 20th, or that she had constituted A. J. Pennings her agent for the purposes of such settlement…
2Cases cited3 opinions
- Coach v. GageOregon Supreme Court · 1914
- Burkhart v. HartOregon Supreme Court · 1900
- Soule v. WeatherbyUtah Supreme Court · 1911
3Cited by3 opinions
- Cameron v. Edgemont Investment Co.Oregon Supreme Court · 1935
- First National Bank v. MorganOregon Supreme Court · 1929
- First National Bank v. MorganOregon Supreme Court · 1929