Smith v. Bayer
Oregon Supreme Court
Prom Multnomah: Melvin C. George, Judge. Statement by Mr. Justice Bean. This is an action by Milton W. Smith against J. C. Bayer and Peter Hobkirk on a promissory note for $290, executed and delivered by the defendants to the Concordia Loan & Trust Co. oí Kansas City, Mo., on January 30, 1896, due on or before August 1 following.
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Prom Multnomah: Melvin C. George, Judge. Statement by Mr. Justice Bean. This is an action by Milton W. Smith against J. C. Bayer and Peter Hobkirk on a promissory note for $290, executed and delivered by the defendants to the Concordia Loan & Trust Co. oí Kansas City, Mo., on January 30, 1896, due on or before August 1 following. The complaint alleges the execution of the note, its indorsement to the plaintiff before maturity, the making of certain payments thereon by defendants, and prays judgment against them for the balance.- The answer admits the genuineness of the note, denies that it…
1Opinion of the CourtJustice Bean
The record bristles with assignments of error. Indeed, it would seem that almost every step in the progress of the trial was objected to by the defendants, and exceptions saved to the rulings of the court. The questions thus raised are embodied in the record and discussed more or less in the brief. They are, however, mostly technical and without merit. There was, in our opinion, sufficient proof of the genuineness of the indorsement on the promissory note offered in evidence to make a prima facie ease in favor of the plaintiff. The plaintiff, testifying in his own behalf, said that he was…
2Cases cited12 opinions
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- White v. National BankSupreme Court of the United States · 1881
- Sweeny v. EasterSupreme Court of the United States · 1864
- Roberts v. ParrishOregon Supreme Court · 1889
- Falconio v. LarsenOregon Supreme Court · 1897
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3Cited by9 opinions
- Nickell v. BradshawOregon Supreme Court · 1919
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- Steen v. WeistenOregon Supreme Court · 1908
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