First Nat. Bank v. Seaweard
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Me. Justice Buenett. T. M. and E. F. Seaweard are partners composing the firm of Seaweard Bros., and will be referred to for convenience as the Seaweards. Emil E. Dean, Earl M. Dean and A. M. Johnston, with their wives, the defendants, will be referred to as the Deans, all for simplicity of expression.
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From Malheur: Dalton Biggs, Judge. Statement by Me. Justice Buenett. T. M. and E. F. Seaweard are partners composing the firm of Seaweard Bros., and will be referred to for convenience as the Seaweards. Emil E. Dean, Earl M. Dean and A. M. Johnston, with their wives, the defendants, will be referred to as the Deans, all for simplicity of expression. On February 14, 1913, the Seaweards were indebted to the plaintiff, the First National Bank of Ontario, on their notes in the- sum of $14,437.23; the rate of interest being 10 per cent per annum. About January 1, 1911, the Seaweards had sold to…
1Opinion of the CourtJustice Buenett
1. Substantially the only controversy of fact is upon the question of whether or not the Seaweards either primarily authorized or subsequently ratified the acts of the plaintiff in taking the deed from the Deans, surrendering to them their notes and satisfying the mortgage. A brief review of the testimony on this subject is apropos at the outset. The president, cashier and assistant cashier of the bank all testify that they consulted with the Seaweards about the intended action of taking the deed and surrendering the notes and mortgage, and they approved the same on the ground that it would…
2Cases cited7 opinions
- Merced Security Savings Bank v. CasacciaCalifornia Supreme Court · 1894
- McLeod v. DespainOregon Supreme Court · 1907
- Foley v. CrowCourt of Appeals of Maryland · 1872
- McCourt v. JohnsOregon Supreme Court · 1898
- McArthur v. MageeCalifornia Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hanna v. HopeOregon Supreme Court · 1917
- Vermont Loan & Trust Co. v. BramelOregon Supreme Court · 1924
- Hydraulic Mining Co. v. SmithOregon Supreme Court · 1921
- Taylor v. BucknerOregon Supreme Court · 1921
- Seaweard v. First Nat. BankOregon Supreme Court · 1917