Somers v. Hanson
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. Statement by Mr. Chief Justice Moore. This action was commenced by F. P. Somers in tbe Justice’s Court of Wallowa County, and appealed by defendant, Erastus Hanson, to tbe Circuit Court.
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From Wallowa: John W. Knowles, Judge. Statement by Mr. Chief Justice Moore. This action was commenced by F. P. Somers in tbe Justice’s Court of Wallowa County, and appealed by defendant, Erastus Hanson, to tbe Circuit Court. Tbe initiatory pleading, as far as deemed material herein, reads: “Comes now tbe plaintiff, by leave of court first bad and obtained, and files tbis, bis amended complaint, and for cause of action against tbe defendant says: That on tbe seventeenth day of August, 1914, at Enterprise, Oregon, for value received, tbe defendant and one Thomas Hanson made and delivered to…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1, 2. The question to be considered is whether or not the complaint shows that the defendant incurred a personal liability by signing the promissory note sued upon. When a copy of any writing, designated as an exhibit, or otherwise sufficiently identified in a pleading, is attached thereto and thus becomes a part thereof, the effect of the instrument so displayed is the same as though it were incorporated in the body of the pleading: Caspary v. Portland, 19 Or. 496 (24 Pac. 1036, 20 Am. St. Rep. 842); Riley v. Pearson, 21 Or. 15 (26 Pac. 849); McLeod v.…
2Cases cited7 opinions
- Kalyton v. KalytonOregon Supreme Court · 1903
- Caspary v. City of PortlandOregon Supreme Court · 1890
- Lewy v. WilkinsonSupreme Court of Louisiana · 1914
- McLeod v. LloydOregon Supreme Court · 1903
- Patrick v. Colorado Smelting Co.Supreme Court of Colorado · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953
- First Nat. Bank v. BachOregon Supreme Court · 1920
- Andersen v. TurpinOregon Supreme Court · 1943
- Strong v. MooreOregon Supreme Court · 1926
- Cranston v. California Ins.Oregon Supreme Court · 1919
11 more not listed; retrieve them via the Exa API.