Snyder v. Vannoy
Oregon Supreme Court
Appeal.—Lane County. This is a proceeding in chancery, and the bill states, substantially, the following facts: First, that in June, 1859, Snyder, having a promissory note on Yannoy, payable to his (Snyder’s) order, for about nineteen hundred dollars, on which there was due a balance of about one thousand dollars, delivered said note to Hyland, without being endorsed, to present to Yannoy for payment, Hyland having at the same time a note of his own on Yannoy.
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Appeal.—Lane County. This is a proceeding in chancery, and the bill states, substantially, the following facts: First, that in June, 1859, Snyder, having a promissory note on Yannoy, payable to his (Snyder’s) order, for about nineteen hundred dollars, on which there was due a balance of about one thousand dollars, delivered said note to Hyland, without being endorsed, to present to Yannoy for payment, Hyland having at the same time a note of his own on Yannoy. Hyland brought suit in his own name on both notes; that is, his own note and Snyder’s note, which was not endorsed, as stated above,…
1Opinion of the CourtBoise, J.
The question is, should this court, on such a showing, set aside the judgment of the Circuit Court of Josephine County, in the case at law between Snyder and Yannoy, and decree a collection of the note.
A Court of Chancery may, on a proper case made, showing fraud, accident, surprise or mistake, interfere and set aside a judgment of a court at law. But there must be a specific fraud, accident, mistake or surprise stated in the bill with sufficient clearness, to show in what the fraud, accident, surprise or mistake consists. In this case, the only thing specifically alleged is, that there was a…
2Cited by4 opinions
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- Albright v. OysterU.S. Circuit Court for the District of Eastern Missouri · 1884