Legal Opinion

Foste v. Standard Insurance

Oregon Supreme Court

Decided December 31, 1894PublishedCited by 25 opinions

Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by H. D. Foste against the Standard Life and Accident Insurance Company, of Detroit, Michigan, to recover money alleged to be due as commissions upon insurance premiums secured by him as such agent.

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Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by H. D. Foste against the Standard Life and Accident Insurance Company, of Detroit, Michigan, to recover money alleged to be due as commissions upon insurance premiums secured by him as such agent. The cause being at issue, a trial was had at which evidence was introduced and admitted over the defendant’s objection tending to show that an account had beeu stated between the parties, and, after the defendant’s counsel had made his argument to the jury, the court permitted the plaintiff, over the defendant’s objection, to amend…

1Opinion of the Court

Opinion by

Mr. Justice Moore.

The statute provides that the court, in furtherance of justice, “may, at any time before the cause is submitted, allow a pleading to be amended, * * * when the amendment does not substantially change the cause of action, by conforming it to the facts proved”: Hill’s Code, § 101. The question presented is whether the amendment substituted another cause of action for that originally stated. An examination of the original complaint discloses an evident intention on the part of the pleader, (who was not the attorney appearing here for respondent, however,) to declare…

2Cases cited5 opinions

  1. Lottman v. BarnettSupreme Court of Missouri · 1876
  2. Baldock v. AtwoodOregon Supreme Court · 1891
  3. Bump v. CooperOregon Supreme Court · 1891
  4. Ford v. FordNew York Supreme Court · 1868
  5. Oregon Railway & Navigation Co. v. SwinburneOregon Supreme Court · 1892

3Cited by25 opinions

  1. York v. NashOregon Supreme Court · 1903
  2. Grubb v. JOHNSONOregon Supreme Court · 1955
  3. Talbot v. GarretsonOregon Supreme Court · 1897
  4. East Side Mill & Lumber Co. v. Southeast Portland Lumber Co.Oregon Supreme Court · 1936
  5. Carnahan Mfg. Co. v. Beebe-Bowles Co.Oregon Supreme Court · 1916

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