Swan v. Jones
Oregon Supreme Court
From Harney: Dalton Biggs, Judge. In Banc. This is an action for the conversion of personal property. It appears that on November 28, 1914, plaintiff borrowed $1,000 from the defendant for which sum he gave his promissory note due one year from date. The note contained the following clause: “Interest to be paid semi-annually and if not so paid, the whole sum of both principal and interest to become immediately due and collectible, at the option of the holder of this note.”
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From Harney: Dalton Biggs, Judge. In Banc. This is an action for the conversion of personal property. It appears that on November 28, 1914, plaintiff borrowed $1,000 from the defendant for which sum he gave his promissory note due one year from date. The note contained the following clause: “Interest to be paid semi-annually and if not so paid, the whole sum of both principal and interest to become immediately due and collectible, at the option of the holder of this note.” A chattel mortgage on a band of horses was given to secure the debt. The mortgage provided that in case of default in the…
1Opinion of the CourtMcCAMANT, J.
1. It appears by the testimony of both parties that plaintiff defaulted in the payment of the interest on his note which matured May 28, 1915, and that while he was so in default defendant elected to declare the entire debt due. The evidence is in hopeless conflict on the question of whether plaintiff subsequently paid the overdue interest. For the purpose of this opinion it is unnecessary to review the evidence beyond the statement that there was evidence of an admission by defendant that he had received this installment of interest. Plaintiff was therefore entitled to go to the jury on this…
2Cases cited8 opinions
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Robinson v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1896
- Fink v. ThomasWest Virginia Supreme Court · 1909
- Van Vlissingen v. LenzIllinois Supreme Court · 1897
- Knight v. BeyersOregon Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Paul Londe & Associates, Inc. v. RathertMissouri Court of Appeals · 1975