Jamieson v. Potts
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Slater. This is an action by Eobert Jamieson against John Potts to recover the amounts due upon two promissory notes executed by the defendant in Umatilla County, this State, one on November 22, 1891, in favor of plaintiff for the principal sum of $572.70, payable on or before February 15, 1892, with interest and attorney’s fees; the other on February 2-, 1893, in favor of John Walker for the principal sum of…
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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Slater. This is an action by Eobert Jamieson against John Potts to recover the amounts due upon two promissory notes executed by the defendant in Umatilla County, this State, one on November 22, 1891, in favor of plaintiff for the principal sum of $572.70, payable on or before February 15, 1892, with interest and attorney’s fees; the other on February 2-, 1893, in favor of John Walker for the principal sum of $668.80, payable on May 1, 1893, with interest and attorney’s fees. Prior to the commencement of the action, this latter…
1Opinion of the CourtJustice Slater
Mr. Justice King dissenting.
1. The contention made by defendant is that the facts stipulated and found by the court will not, as a matter of law, support the judgment. An action at law upon a contract or liability, expressed or implied, excepting upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or upon a sealed instrument, is barred, unless commenced within six years after the cause of action shall have accrued. Section 6, B. & C. Comp. As more than 13 years transpired from the date on which each of these notes became due…
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