First Nat. Bank v. Bach
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. After alleging its own corporate existence and that the defendants Bach and Robinson constituted a partnership styled “Summerville' Lumber Company,” the plaintiff avers in its complaint: “That the plaintiff paid to the defendant J..
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From Union: John W. Knowles, Judge. In Banc. After alleging its own corporate existence and that the defendants Bach and Robinson constituted a partnership styled “Summerville' Lumber Company,” the plaintiff avers in its complaint: “That the plaintiff paid to the defendant J.. D. Casey the sum of one thousand dollars upon two drafts of five hundred dollars each, drawn by him and accepted by defendant Summerville Lumber Company, in consideration of which all of the above-named defendants made, executed, ánd delivered to the plaintiff their promissory note in writing, of which the following is…
1Opinion of the CourtBurnett, J.
1. Both parties waived trial by jury by moving for a directed verdict. They thus submitted to the court whether as a matter of law a verdict should be directed for the plaintiff or for the defendant. Under such circumstances, the court should have decided the question: Patty v. Salem Flouring Mills Co., 53 Or. 350, 357 (96 Pac. 1106, 98 Pac. 521, 100 Pac. 298). In the instant case this *336matter of practice is of small importance, for in onr opinion the judgment rendered was the proper result.
2-4. We glean from the record that the trial court submitted the case to the jury under the direction…
2Cases cited10 opinions
- Patty v. Salem Flouring Mills Co.Oregon Supreme Court · 1909
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
- Overland Auto Co. v. WintersSupreme Court of Missouri · 1919
- Murray v. Third Nat. Bank of St. LouisCourt of Appeals for the Sixth Circuit · 1916
- Somers v. HansonOregon Supreme Court · 1915
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3Cited by25 opinions
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- Case v. McKinnisOregon Supreme Court · 1923
- Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
- City of Tucson v. O'Rielly Motor Co.Arizona Supreme Court · 1946
- McMillan v. MontgomeryOregon Supreme Court · 1927
20 more not listed; retrieve them via the Exa API.