Smith v. Caro & Baum
Oregon Supreme Court
Appeal from Jackson. The facts are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action, for that it does not allege any demand or notice to the defendants, and the court erred in overruling the demurrer. The court also erred in admitting parol evidence to vary the terms of the written agreement of endorsement on the note.
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Appeal from Jackson. The facts are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action, for that it does not allege any demand or notice to the defendants, and the court erred in overruling the demurrer. The court also erred in admitting parol evidence to vary the terms of the written agreement of endorsement on the note. (Code, 246, sec. 775, sub. 2; Drake v. Maride, 21 Ind., 433; Barnard v. Gasline, 23 Minn., 192; Goldmas v. Davis, 23 Cal., 256; Prescott Bank v. Gomerly, 7 Gray, 217; Allen v. Brown, 124 Mass., 77; Rodney v. Wilson, 67 Mo.,…
1Opinion of the Court
By the Court,
Lord, O. J.:
This is an action brought by the respondent, Smith, against the appellants as indorsees of a promissory note executed by J. H. Skidmore and H. H. Hill, and payable to the order of appellants, one day after date, for the sum of eight hundred and ninety-four dollars, and interest. The note was dated on the 15th day of July, 1873, and indorsed in blank by the appellants to the respondent, on the 19th day of July, 1873. Skidmore paid to the respondent, on the note, the sum of three hundred and fifty dollars, Nov. 1, 1876, and three hundred dollars, May 27, 1878, leaving…
2Cases cited14 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Charles v. DenisWisconsin Supreme Court · 1877
- Rodney v. WilsonSupreme Court of Missouri · 1877
- Wilson v. BlackIndiana Supreme Court · 1843
- Berry v. RobinsonNew York Supreme Court · 1812
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- Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
- Nickell v. BradshawOregon Supreme Court · 1919
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- Carroll v. NodineOregon Supreme Court · 1902
- Stoddard v. NelsonOregon Supreme Court · 1889
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