Robinson v. Holmes
Oregon Supreme Court
From Crook: Edwin V. Littlefield, Judge. Statement by Mr. Chief Justice Moore. This is an action by J. W. Robinson, M. A. Robinson and H. W. Turner, partners under the firm name and style of J. W. & M. A. Robinson & Co., against Ed. Holmes, J. B. Brown and Fannie Barton. The complaint states, in effect, that plaintiffs are partners as J. W. & M. A. Robinson & Co.; that the defendants, Ed.
Read the full summary
From Crook: Edwin V. Littlefield, Judge. Statement by Mr. Chief Justice Moore. This is an action by J. W. Robinson, M. A. Robinson and H. W. Turner, partners under the firm name and style of J. W. & M. A. Robinson & Co., against Ed. Holmes, J. B. Brown and Fannie Barton. The complaint states, in effect, that plaintiffs are partners as J. W. & M. A. Robinson & Co.; that the defendants, Ed. Holmes, J. B. Brown, and Fannie Barton, are indebted to plaintiffs in the sum of $800, evidenced by a promissory note, with interest thereon from May 12, 1906, at the rate of ten per cent per year, setting…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. The question to be considered is the sufficiency of the complaint to state facts adequate to constitute a cause of action, and, if imperfect in that particular, the defect was not waived by answering over, after the demurrers were overruled, nor cured by the judgment. Section 72, B. & C. Comp.
2. The blemish in the plaintiff’s primary pleading, as asserted by defendant’s counsel, consists in the failure to allege a presentment of the note sued on to the maker at its maturity; a demand.made upon him for the payment thereof; and a notice of the dishonor given…
2Cases cited6 opinions
- First National Bank v. HoveyOregon Supreme Court · 1899
- Galbraith v. ShepardWashington Supreme Court · 1906
- Lightstone v. LaurencelCalifornia Supreme Court · 1854
- Jackson v. McInnisOregon Supreme Court · 1898
- Malott v. JewettCourt of Appeals of Kansas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- McMillan v. MontgomeryOregon Supreme Court · 1927
- Whitney Co. v. SmithOregon Supreme Court · 1912
- Moll v. Roth Co.Oregon Supreme Court · 1915
- Davis Lumber Co. v. Coats Lumber Co.Oregon Supreme Court · 1917