Sturgis v. Baker
Oregon Supreme Court
From Umatilla: W. R. Ellis, Judge. This is an action on a promissory note, by Lina H. Sturgis against William Baker, and is heard on plaintiff’s appeal from the judgment at the second trial.
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From Umatilla: W. R. Ellis, Judge. This is an action on a promissory note, by Lina H. Sturgis against William Baker, and is heard on plaintiff’s appeal from the judgment at the second trial. The complaint states, in substance, that on the eighth day of December, 1893, the defendant, for value, executed and delivered to the Pendleton Mercantile Company his certain promissory note for the sum of $139, payable in six months from the date thereof, with interest at ten per cent per annum ; “that thereafter the Pendleton Mercantile Company indorsed and transferred the said promissory note, and this…
1Opinion of the CourtJustice Wolverton
1. The first assignment of error is based upon the admission, over objection, of the testimony of Mr. Wade on cross-examination, and that of defendant’s witnesses, tending to show that Akin, Selling & Co. did not sell the note to either the bank or Sturgis. It is insisted that this testimony tended to show that plaintiff was not the owner or holder of the note in question, but that some other person was, or — what counsel argues is the same thing — that she was not the real party in interest, and that it was incompetent because no such defense had been pleaded. The argument for plaintiff is…
2Cases cited2 opinions
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Giselman v. StarrCalifornia Supreme Court · 1895
3Cited by26 opinions
- Nordling v. JohnstonOregon Supreme Court · 1955
- Larsen Sheep Co. v. SjogrenWyoming Supreme Court · 1951
- Cockerham v. PottsOregon Supreme Court · 1933
- Powers v. EllisIndiana Supreme Court · 1952
- Schleef v. PurdyOregon Supreme Court · 1923
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