Kitchen v. Holmes
Oregon Supreme Court
From" Marion: George H. Burnett, Judge. This is an action by Olevia E. Kitchen against W. H. Holmes to recover money. It is averred in the complaint that on or about the 9th day of April, 1898;, the plaintiff loaned the defendant $840, to be repaid one year after date, with interest at 8 per cent per annum; that, as evidence of his indebtedness therefor, defendant executed and delivered to plaintiff his promissory note for the amount so loaned, payable on or before one year…
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From" Marion: George H. Burnett, Judge. This is an action by Olevia E. Kitchen against W. H. Holmes to recover money. It is averred in the complaint that on or about the 9th day of April, 1898;, the plaintiff loaned the defendant $840, to be repaid one year after date, with interest at 8 per cent per annum; that, as evidence of his indebtedness therefor, defendant executed and delivered to plaintiff his promissory note for the amount so loaned, payable on or before one year after date, with interest at the rate above specified; that no part of the note, principal or interest, has been paid,…
1Opinion of the CourtJustice Bean
1. The motion for judgment notwithstanding the verdict was properly overruled. The defect in the complaint, if any, *255is a matter of form, and not of substance, and is cured by the answer and verdict. The complaint alleges that the plaintiff loaned the defendant the amount of money stated, to be repaid in one year after date; that as evidence thereof he executed and delivered to her the promissory note referred to; that no part of the note, either principal or interest, has been paid, and that there is now due and owing from defendant to plaintiff the whole of the principal sum so loaned, with…
2Cases cited3 opinions
- Barbre v. GoodaleOregon Supreme Court · 1896
- Creecy v. JoyOregon Supreme Court · 1901
- Burrell v. KernOregon Supreme Court · 1899
3Cited by11 opinions
- L. B. Menefee Lumber Co. v. MacDonaldOregon Supreme Court · 1927
- Masters v. WalkerOregon Supreme Court · 1918
- Scandinavian-American Bank v. Went-Worth Lumber Co.Oregon Supreme Court · 1921
- Downs v. National Share Corp.Oregon Supreme Court · 1935
- Levy v. Nevada-California-Oregon Ry.Oregon Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.