Owens v. Snell
Oregon Supreme Court
From Multnomah: Hartwell Hurley, Judge. This is an action to recover upon a promissory-note executed by the Snell, Heitshu and Woodard corporation to one Marcos Morales, and by him indorsed to the plaintiff, M. Miller Owens, who claims as a bona fide purchaser for value before maturity.
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From Multnomah: Hartwell Hurley, Judge. This is an action to recover upon a promissory-note executed by the Snell, Heitshu and Woodard corporation to one Marcos Morales, and by him indorsed to the plaintiff, M. Miller Owens, who claims as a bona fide purchaser for value before maturity. The defense is that the note was procured by the false, fraudulent, and deceitful representations of Morales, and that its alleged transfer by him to plaintiff was colorable only, and was made after maturity, and without consideration, and that plaintiff is not the owner or holder thereof for value. The…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. It is contended that the plaintiff is a bona fide holder for value of the note in question, acquired before maturity, and that he can be affected in his title thereto and right of recovery only by showing that he had notice or knowledge of any fraud which attended its inception or induced its execution and delivery, and that it was manifest error, prejudicial to plaintiff, to permit such evidence to go to the jury without tracing knowledge of the fraud to him; in other words, if he is a holder without notice of the fraud, proof of such fraud alone could not…
2Cases cited10 opinions
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Smith v. LivingstonMassachusetts Supreme Judicial Court · 1873
- MacLaren v. CochranSupreme Court of Minnesota · 1890
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Coffin v. HutchinsonOregon Supreme Court · 1892
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3Cited by16 opinions
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- Matlock v. ScheuermanOregon Supreme Court · 1908
- Carney v. DuniwayOregon Supreme Court · 1899
- Salmi v. Columbia & N. R. R.Oregon Supreme Court · 1915
- Brown v. FeldwertOregon Supreme Court · 1905
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