Smith v. Barner
Oregon Supreme Court
From Yamhill: Harry H. Belt, Judge. In Banc. The plaintiff alleges that on March 10, 1914, the defendant, by written assignment, sold and delivered to him a certain promissory note executed on August 18, 1913, for value, by Frank H. Greenman and wife to the defendant, in the sum of $8,000, payable on or before five years after date, with interest at 7 per cent per annum.
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From Yamhill: Harry H. Belt, Judge. In Banc. The plaintiff alleges that on March 10, 1914, the defendant, by written assignment, sold and delivered to him a certain promissory note executed on August 18, 1913, for value, by Frank H. Greenman and wife to the defendant, in the sum of $8,000, payable on or before five years after date, with interest at 7 per cent per annum. As a part of the same transaction, the plaintiff says, the defendant assigned a certain mortgage deed executed to secure the note, upon real property in the town of Snnnyside, Yakima County, Washington, which was then and is…
1ConcurrenceBennett, J.
(Concurring in Result). — I concur in the result reached by Mr. Justice Johns in his opinion that this cause must be reversed.
There is absolutely no allegation in the complaint that the paper was made payable to order, or to bearer, or was negotiable in any way. Neither is there any allegation that the transfer by the defendant to the plaintiff was by indorsement on the back of the note. For all that appears, it may have been transferred -by a separate and distinct paper, in which event it would not be a transfer within the negotiable instruments law. Therefore, it is clear that in the…
2Cases cited9 opinions
- Worthington v. CowlesMassachusetts Supreme Judicial Court · 1873
- Wilder v. CowlesMassachusetts Supreme Judicial Court · 1868
- Carroll v. NodineOregon Supreme Court · 1902
- James v. YaegerCalifornia Supreme Court · 1890
- Meriden National Bank v. GallaudetNew York Court of Appeals · 1890
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