Fleishman v. Meyer
Oregon Supreme Court
From Lane: James W. Hamilton, Judge. Statement by Mr. Justice Moore. This is an action by I. Fleishman ■ and D. J. Guggenhime, partners as. Guggenhime & Co., against Michael Meyer and William Kyle, partners as Mleyer & Kyle, to recover damages alleged to have been sustained in consequence of the breach of an agreement.
Read the full summary
From Lane: James W. Hamilton, Judge. Statement by Mr. Justice Moore. This is an action by I. Fleishman ■ and D. J. Guggenhime, partners as. Guggenhime & Co., against Michael Meyer and William Kyle, partners as Mleyer & Kyle, to recover damages alleged to have been sustained in consequence of the breach of an agreement. The facts are that on May 4, 1903, the parties entered into the following contract: . “Meyer & Kyle, of Mapleton,' Oregon, have this day sold to Guggenhime & Co., of San Francisco, and Guggenhime & Co. have this'day bought of Meyer & Kyle, about live tons more or less choice…
1Opinion of the CourtJustice Moore
1. The sufficiency of the answer was not challenged by motion or demurrer, but, after the jury were impaneled, plaintiffs’ counsel, insisting that such pleading contained several defenses not separately stated, orally requested the court to require defendants to elect upon which one they would rely at the trial; but, the application having been denied, an exception was saved, and it is maintained that an error was thereby _ committed. The statute *270permits a defendant to set forth by answer as many defenses as he may have, but they must be separately stated, and refer to the cause of action to…
2Cases cited13 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Union Mutual Life Insurance v. BuchananIndiana Supreme Court · 1885
- Preston v. HillCalifornia Supreme Court · 1875
- Anderson v. AdamsOregon Supreme Court · 1903
- Brockley v. BrockleySupreme Court of Pennsylvania · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- State v. JacksonOregon Supreme Court · 1960
- Learned v. HolbrookOregon Supreme Court · 1918
- Graham v. Coos Bay R. & N. Co.Oregon Supreme Court · 1914
- Dakin v. Queen City Fire InsuranceOregon Supreme Court · 1911
11 more not listed; retrieve them via the Exa API.