Grignon v. Shope
Oregon Supreme Court
From Multnomah: Robert G-. Morrow, Judge. Department 2. This is an action upon a promissory note. The cause was tried by the court without the intervention of a jury. Findings of fact were made in favor of plaintiff. From the resulting judgment defendant appeals.
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From Multnomah: Robert G-. Morrow, Judge. Department 2. This is an action upon a promissory note. The cause was tried by the court without the intervention of a jury. Findings of fact were made in favor of plaintiff. From the resulting judgment defendant appeals. The plaintiff alleges the following facts: Defendant executed his note to Anna M. Scott, January 22, 1912, which reads thus: “$1200.00. Portland, Oregon, January 22, 1912. “Fifteen months after date I promise to pay to the order of Anna M. Scott Twelve Hundred Dollars at 10 per cent interest. Value received. “D. F. Shope. “No.-. Due…
1Opinion of the CourtBean, J.
1. The first question raised is, Did the court err in overruling the demurrer to the complaint? Defendant contends that the probate of the will of Anna M. Scott should have been made upon a sworn petition, and that the complaint should so allege-. The complaint is sufficient in the respect challenged, and the demurrer was properly overruled: 11 R. C. L., p. 285, § 328; Kirsch v. Derby, 96 Cal. 602 (31 Pac. 567); Chamberlain v. Tiner, 31 Minn. 371 (18 N. W. 97).
2, 3. Defendant objects that the note was not shown to have been sold and indorsed by order of the probate court. The objection is…
2Cases cited15 opinions
- Christmas v. RussellSupreme Court of the United States · 1866
- Patterson v. JenksSupreme Court of the United States · 1829
- Harper v. ButlerSupreme Court of the United States · 1829
- Smith v. DorseyIndiana Supreme Court · 1872
- McCully v. CooperCalifornia Supreme Court · 1896
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3Cited by18 opinions
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- Zimmerman v. FawkesIdaho Supreme Court · 1950
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