Hoffman v. Habighorst
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. This is an action by Julia E. Hoffman, as executrix, on a promissory note made by E. H. Habighorst and 14 others, of date February 29, 1892, for the principal sum of $15,000, payable one year after date, with interest at 8 per cent per annum, to the order of Mrs. Sarah Wertheimer, who, on or about August 29, 1895, sold and transferred it to the plaintiff.
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From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. This is an action by Julia E. Hoffman, as executrix, on a promissory note made by E. H. Habighorst and 14 others, of date February 29, 1892, for the principal sum of $15,000, payable one year after date, with interest at 8 per cent per annum, to the order of Mrs. Sarah Wertheimer, who, on or about August 29, 1895, sold and transferred it to the plaintiff. It is claimed by the defendants that the note in suit was given without any valuable consideration coniing to them, but was made at the request of-the…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
Upon the first appeal of this case it was determined that the facts stated in each of the three separate defenses constituted a good defense to the action, which, with the necessary legal inferences therefrom, under the principle of stare decisis, are now binding on this court. It was there held that it may be shown by parol that a promissory note was in fact made to secure the debt and liability of another, and thus all the makers be entitled *382to the rights of a surety as to the payee of such note having knowledge of the facts. If such a note is enforced…
2Cases cited19 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Smith v. SheldenMichigan Supreme Court · 1876
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Washburn v. Interstate Investment Co.Oregon Supreme Court · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Home v. SellingOregon Supreme Court · 1919
- Saratoga Inv. Co. v. KernOregon Supreme Court · 1915
- Miles v. BowersOregon Supreme Court · 1907
- State Road Department v. CrillSupreme Court of Florida · 1930
- Oliver v. Grande Ronde Grain Co.Oregon Supreme Court · 1914
7 more not listed; retrieve them via the Exa API.