Foren v. Dealey
Oregon Supreme Court
Appeal from Baker County. The action is upon a promissory note for one hundred and fifty dollars and interest, which purports to be for value received. The complaint sets out a copy of the note, alleges its execution and delivery, and alleges that no part of the said promissory note or the interest thereon has been paid.
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Appeal from Baker County. The action is upon a promissory note for one hundred and fifty dollars and interest, which purports to be for value received. The complaint sets out a copy of the note, alleges its execution and delivery, and alleges that no part of the said promissory note or the interest thereon has been paid. That there is now due and owing kr said plaintiff from said defendant on said promissory note the sum of one hundred and fifty dollars in gold coin, together with interest in like gold coin on said one hundred and fifty dollars at the rate of twelve per cent, per annum from…
1Opinion of the Court
By the Court,
Upton, J.:
The only question presented arises upon an order striking out the answer and rendering judgment for the plaintiff. Evidently there are parts of the answer which, if they are unqualified by the other parts, amount to a defense.
“If an answer puts in issue the ultimate facts resulting from the evidence, it is sufficient. (Moore v. Murdoc, 26 Cal. 524.)
But it is claimed by the respondent’s counsel, and seems to have been held by the Circuit Court, that all the direct statements of the answer which would have been available, are rendered useless by qualifications and…
2Cases cited3 opinions
- Piercy v. SabinCalifornia Supreme Court · 1858
- Gostorfs v. Taaffe, McCahill & Co.California Supreme Court · 1861
- Ahoyke v. WolcottNew York Supreme Court · 1856
3Cited by7 opinions
- United States National Bank v. ChappellMontana Supreme Court · 1924
- Misek v. O'SheaOregon Supreme Court · 1900
- Loud v. Gold Ray Realty Co.Oregon Supreme Court · 1914
- Randall v. SimmonsOregon Supreme Court · 1902
- In Re the Marriage of RossCourt of Appeals of Oregon · 2011
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