Fishburn v. Londershausen
Oregon Supreme Court
From Yamhill: George H. Burnett. Judge. A demurrer to the complaint having been sustained, judgment was rendered in favor of defendant, from which plaintiff appeals. Statement by Mr. Commissioner King.
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From Yamhill: George H. Burnett. Judge. A demurrer to the complaint having been sustained, judgment was rendered in favor of defendant, from which plaintiff appeals. Statement by Mr. Commissioner King. This is an action by J. W. Fishburn, as trustee, against G. B. Londershausen and S. Londershausen on a negotiable promissory note for $200, with interest, executed to and made payable to the order of the State Savings Bank of Dayton, Oregon, on February 17, 1901, due six months after date. The complaint was filed September 14, 1904, and, after setting out the note in full and alleging its-…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
The points for determination are: (1) Is a negotiable promissory note, when found in the possession of its owner, and free from any liens, subject to attachment and sale under execution? (2) Does it appear from the complaint that, in the action between Lewis and Probert, there was sufficient compliance with the statutory requirements relative to service of summons to give the court jurisdiction to enter the judgment and order the sale of attached property?
1. In support of the first point, it is urged that the complaint is insufficient, in that it there appears…
2Cases cited20 opinions
- Pennington v. GibsonSupreme Court of the United States · 1854
- State v. RichardsonOregon Supreme Court · 1906
- Heatherly v. HadleyOregon Supreme Court · 1869
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Northcut v. LemeryOregon Supreme Court · 1880
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3Cited by26 opinions
- DeVall v. DeVallOregon Supreme Court · 1910
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Interior Warehouse Co. v. DunnOregon Supreme Court · 1916
- Bagley v. BlochOregon Supreme Court · 1917
- Coblentz v. State Industrial Accident CommissionOregon Supreme Court · 1955
21 more not listed; retrieve them via the Exa API.