Abilene Natlional Bank v. Nodine
Oregon Supreme Court
Appeal from Union: Morton D. Clifford, Judge. This is an appeal from a judgment in favor of the defendants Fred Nodine, Geo. Blacker, and John Nodine in an action on a promissory note made by them to Thisler & Spilman, and alleged to have been sold and assigned before .maturity, for value, to the Abilene National Bank.
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Appeal from Union: Morton D. Clifford, Judge. This is an appeal from a judgment in favor of the defendants Fred Nodine, Geo. Blacker, and John Nodine in an action on a promissory note made by them to Thisler & Spilman, and alleged to have been sold and assigned before .maturity, for value, to the Abilene National Bank. The making of the note is not in issue, but as a defense to the action it is averred “That on or about the sixteenth day of April, eighteen hundred and ninety-one, the said O. L. Thisler, payee of said note, was the owner of a certain stallion then in Union County, Oregon,…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
The first assignment of error in the notice of appeal is the action of the trial court in overruling plaintiff’s demurrer to the evidence supporting the new matter in the answer. The argument is that the answer is insufficient to constitute a defense because it does not aver that defendants relied upon the alleged warranty in making the purchase of the horse. To constitute an express warranty, such as is attempted to be alleged in the answer, there must be, as part of the contract of sale, either an express undertaking to that effect, or some affirmation or…
2Cases cited5 opinions
- Watson v. RoodeNebraska Supreme Court · 1890
- Reed v. HastingsIllinois Supreme Court · 1871
- Holman v. Dord & RoweNew York Supreme Court · 1851
- Torkelson v. JorgensonSupreme Court of Minnesota · 1881
- Zimmerman v. MorrowSupreme Court of Minnesota · 1881
3Cited by4 opinions
- Feeney & Bremer Co. v. StoneOregon Supreme Court · 1918
- Lenz v. BlakeOregon Supreme Court · 1904
- Widner Electric & Industrial, Inc. v. LeeOregon Supreme Court · 1975
- Williams v. IngleOregon Supreme Court · 1921