Thompson v. Rathbun
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. This is an action founded upon the following instrument in writing. “Co,000. Portland, Oregon, 3dFeby., 1883. “On demand, after date, without grace, I promise to pay to the order of-, at the office of the Portland Savings Bank, in Portland, Oregon; five thousand dollars, with interest at the rate of ten per cent, per annum until paid. Principal and interest payable in U. S. gold coin.
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Appeal from the circuit court for Multnomah county. This is an action founded upon the following instrument in writing. “Co,000. Portland, Oregon, 3dFeby., 1883. “On demand, after date, without grace, I promise to pay to the order of-, at the office of the Portland Savings Bank, in Portland, Oregon; five thousand dollars, with interest at the rate of ten per cent, per annum until paid. Principal and interest payable in U. S. gold coin. And, in case an action is instituted to collect this note, or any portion thereof, I promise to pay five hundred dollars as attorney’s fees in said action.…
1Opinion of the CourtStrahan, J.
Numerous assignments of error are presented by the notice of appeal, but only such as affect the conclusions reached will be noticed in this opinion.
1. The first objection presented is the defendant’s exception to the introduction of the note above set out in evidence. It is undoubtedly true that under the Code it is sufficient for the party to prove the substance of the issue; that is, the material and essential facts necessary for his recovery. Ordinarily, immaterial and non-essential allegations need not be proven, but may be entirely disregarded, or treated as surplusage; but it is still…
2Cases cited3 opinions
- Close v. FieldsTexas Supreme Court · 1847
- Schooler v. TildenSupreme Court of Missouri · 1880
- McIntosh v. LytleSupreme Court of Minnesota · 1880
3Cited by8 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Cox v. AlexanderOregon Supreme Court · 1896
- Sabin v. MichellOregon Supreme Court · 1895
- Henningsen v. Title & Trust Co.Oregon Supreme Court · 1935
- United States National Bank v. MillerOregon Supreme Court · 1926
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