Hodges v. Blaylock
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mb. Chief Justice Moobe. This is an action by John Hodges against S. E. Blaylock and Mrs. S. E. Blaylock, his wife, and is founded upon a promissory note, of which the following is a copy: “$638.75. Juntura, Oregon, June 25, 1915. “On demand after date, without grace, we promise to pay to the order of John Hodges, at Juntura, Oregon, six hundred thirty-eight and 75/100 dollars in gold coin of the United States of…
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From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mb. Chief Justice Moobe. This is an action by John Hodges against S. E. Blaylock and Mrs. S. E. Blaylock, his wife, and is founded upon a promissory note, of which the following is a copy: “$638.75. Juntura, Oregon, June 25, 1915. “On demand after date, without grace, we promise to pay to the order of John Hodges, at Juntura, Oregon, six hundred thirty-eight and 75/100 dollars in gold coin of the United States of America of the present standard value, with interest thereon in like gold coin at the rate of six per cent per annum from…
1Opinion of the Court
Opinion by
Me. Chief Justice Mooee.
It is contended that the note sued on provided for the payment of attorney’s fees, or special damages, in case of default, which failure cannot arise until after a formal demand, which was never made, and hence an error was committed in giving a judgment for a greater sum than was deposited with the clerk. In support of the principle thus asserted, reliance is placed upon the ease of Prescott v. Grady, 91 Cal. 518, 520 (27 Pac. 755), where it was ruled that in an action on a demand note, providing for the payment of a reasonable attorney’s fee in case of suit…
2Cases cited6 opinions
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Prescott v. GradyCalifornia Supreme Court · 1891
- Legg v. VinalMassachusetts Supreme Judicial Court · 1896
- Gilpin v. SavageNew York Supreme Court · 1908
- Waring v. BettsSupreme Court of Virginia · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Faulk v. FutchTexas Supreme Court · 1948
- Dickson v. DicksonCourt of Appeals of Texas · 1959
- Porter v. East Jordan Realty Co.Michigan Supreme Court · 1920