Hedges v. Strong
Clackamas County Circuit Court, Oregon
The case is presented on demurrer to the complaint. The complaint charges that in 1860 the plaintiff held a promissory note of $16,000 and interest, made by one David McLaughlin; that said McLaughlin at that time sold a valuable tract of land to one Daniel Harvey, receiving as part of the consideration said Harvey’s notes to the amount of $16,000, which latter notes Harvey deposited with said Amory Holbrook, giving to the latter power to act as said Harvey’s agent; that the…
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The case is presented on demurrer to the complaint. The complaint charges that in 1860 the plaintiff held a promissory note of $16,000 and interest, made by one David McLaughlin; that said McLaughlin at that time sold a valuable tract of land to one Daniel Harvey, receiving as part of the consideration said Harvey’s notes to the amount of $16,000, which latter notes Harvey deposited with said Amory Holbrook, giving to the latter power to act as said Harvey’s agent; that the plaintiff, Hedges, commenced an action against said McLaughlin on the first mentioned note, and caused garnishee process…
1Opinion of the CourtUpton, J.
Two distinct grounds of defense, under the statute of fraud, are presented in the argument: 1st, That the contract was not to be performed within one year; 2d, That this is a promise to pay the debt of another, and is not in writing.
The first position is not sustained. The authorities are conclusive that the statute embraces only such promises as, by their terms, are not to be performed within the time. And does not embrace cases in which it may happen that performance will be required within the time, in pursuance of the terms of the contract. (1 Smith’s Leading Cases, 435.)
*20“ To bring a…
2Cases cited2 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Staples v. ParkerNew York Supreme Court · 1864
3Cited by8 opinions
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- Kimball v. WilsonSuperior Court of New Hampshire · 1824
- Smith v. JacksonOregon Supreme Court · 1920
- Ingerslev v. Goodman.Oregon Supreme Court · 1925
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