U. S. Nat. Bank v. First Trust & Savings Bank
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mb. Justice Bean. This is an appeal by defendant from a judgment upon the verdict of a jury for $280.47, in the case of United States National Bank of Vale, Oregon, against the First Trust & Savings Bank of Brogan, Oregon.
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From Malheur: Dalton Biggs, Judge. Statement by Mb. Justice Bean. This is an appeal by defendant from a judgment upon the verdict of a jury for $280.47, in the case of United States National Bank of Vale, Oregon, against the First Trust & Savings Bank of Brogan, Oregon. This action is based upon two inland bills of exchange for $120.47 and $160, respectively, upon which the plaintiff charges defendant as an acceptor; the first, with the alleged acceptance, being in the following form: “Brogan, Oregon, Nov. 22, 1910. No....... First Trust & Savings Bank: Pay to the order of U. S. National Bank…
1Opinion of the CourtJustice Bean
It appears from the evidence, which is all contained in the record, that Mr. J. P. Dunaway, at the time the transaction occurred, was the vice president and acting cashier of the plaintiff bank, at Vale, Oregon; and Mr. E. L. Tschirgi was the cashier of the defendant bank at Brogan, Oregon. At the date mentioned on the bills, W. J. Morrison, of the firm of Morrison & Son, gave the plaintiff the two bills in payment of a note,'and for $160 in cash.
Mr. J. P. Dunaway testified that he called Mr. Tschirgi up over the telephone, a few minutes after he had taken the bills or checks of Morrison &…
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