Jennings v. Stearns
Oregon Supreme Court
From Multnomah: Edwin V. Littlefield, Judge. Department 1. On August 10, 1916, plaintiff presented to the executor of the estate of Alice Edna Wemple, deceased, her claim against the same, for borrowed money, in the sum of $900 with interest thereon. The statement of the claim disclosed upon its face that the money had been borrowed on April 5, 1906, and that a payment of $50 had been made upon the debt, the date of which did not appear therein.
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From Multnomah: Edwin V. Littlefield, Judge. Department 1. On August 10, 1916, plaintiff presented to the executor of the estate of Alice Edna Wemple, deceased, her claim against the same, for borrowed money, in the sum of $900 with interest thereon. The statement of the claim disclosed upon its face that the money had been borrowed on April 5, 1906, and that a payment of $50 had been made upon the debt, the date of which did not appear therein. The claim was rejected by the executor, as barred by the statute of limitations. Plaintiff then took the proper steps to present the matter to the…
1Opinion of the CourtBenson, J.
The one legal question presented by this appeal is as to whether or not Section 16, L. O. L., relieves the plaintiff from the effect of the statute of limitations. The' latest interpretation of Section 16, L. O. L., by this court, is found in the case of Fargo v. Dickover, 87 Or. 215 (170 Pac. 289), which was decided after the plaintiff herein had filed her brief. We might well rest our conclusion in the present discussion upon the opinion just mentioned, but the ability and force of plaintiff’s argument, and the contention that this court has held otherwise in Jamieson v. Potts, 55 Or. 292…
2Cases cited5 opinions
- Jamieson v. PottsOregon Supreme Court · 1909
- McCormick v. BlanchardOregon Supreme Court · 1879
- Van Santvoord v. RoethlerOregon Supreme Court · 1899
- Crane v. JonesOregon Supreme Court · 1893
- Fargo v. DickoverOregon Supreme Court · 1918
3Cited by6 opinions
- Antilla v. Justice's Court of Big River Twp.California Supreme Court · 1930
- Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953
- Ames v. AmesCourt of Appeals of Oregon · 1982
- Laura Conner and Clarence H. Conner v. Oren W. SpencerCourt of Appeals for the Ninth Circuit · 1962
- Alaska Credit Bureau v. FennerDistrict Court, D. Alaska · 1948
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