Ford v. Schall
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. This action was filed against J. P. Schall for the purpose of recovering $1,500 with interest thereon from December 5, 1919, at the rate of 10 per cent per annum.
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From Malheur: Dalton Biggs, Judge. In Banc. This action was filed against J. P. Schall for the purpose of recovering $1,500 with interest thereon from December 5, 1919, at the rate of 10 per cent per annum. The complaint avers: “The plaintiff, by leave of court first obtained, files this, his first amended complaint, and for cause of action against the defendant herein, J. P. Schall, alleges : “That at Ontario, Oregon, on September 5, 1913, defendant herein made, executed and delivered to the plaintiff herein his certain promissory note in words and figures, to wit: “$1500.00. September 5,…
1Opinion of the CourtBrown, J.
1. It is familiar law that the plaintiff must recover, if at all, upon the cause of action averred in his complaint, and not upon issues without the record; Boothe v. Farmers’ Nat. Bank, 47 Or. 299 (83 Pac. 785); Eastman v. Jennings-McRae Logging Co., 69 Or. 1 (138 Pac. 216, Ann. Cas. 1916A, 185); Portland v. O’Neill, 98 Or. 162 (192 Pac. 909).
2. The plaintiff’s evidence establishes that the defendant herein, who is sued severally, received no part of the $1,500 evidenced by the promissory note. Hence, defendant asserts that this action cannot be successfully prosecuted for the reason that…
2Cases cited16 opinions
- Eastman v. Jennings-McRae Logging Co.Oregon Supreme Court · 1914
- Willoughby v. IrishSupreme Court of Minnesota · 1886
- Noble v. Beeman-Spaulding-Woodward Co.Oregon Supreme Court · 1913
- Kaiser v. IdlemanOregon Supreme Court · 1910
- Dundee Investment Co. v. HornerOregon Supreme Court · 1897
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