Colwell v. Colwell
Oregon Supreme Court
From Multnomah: John P. Kavanatjgh, Judge. Department 1. The principal allegations of the complaint are here set down: “That on or about the 14th day of March, A. D. 1907, the defendant made his check in writing, dated on the said 14th day of March, 1907, payable to the order of the plaintiff herein, and delivered the same to this plaintiff, which said check is in words and figures following, to wit: “ ‘No. 680 Portland, Ore., March 14, 1907. ‘ ‘ ‘ Merchants National Bank of…
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From Multnomah: John P. Kavanatjgh, Judge. Department 1. The principal allegations of the complaint are here set down: “That on or about the 14th day of March, A. D. 1907, the defendant made his check in writing, dated on the said 14th day of March, 1907, payable to the order of the plaintiff herein, and delivered the same to this plaintiff, which said check is in words and figures following, to wit: “ ‘No. 680 Portland, Ore., March 14, 1907. ‘ ‘ ‘ Merchants National Bank of Portland, Oregon. “ ‘Pay to E. K. Colwell or order $1500.00 Fifteen hundred Dollars. “ ‘(Signed) Geo. L. Colwell/ “That…
1Opinion of the CourtBurnett, J.
It will be observed that the cheek was presented for payment nine years, eleven months and six days after its delivery to the payee. It was made in Portland, Oregon, and directed to a bank in the same city. Under these circumstances this court has laid down the rule in Matlock v. Scheuerman, 51 Or. 49 (93 Pac. 823, 17 L. R. A. (N. S.) 747, and note), thus:
“What is a reasonable time has been fixed by judicial decisions. As between the drawer and payee the rule is that, when the payee to whom the check is delivered receives it in the same place where the bank on which it is drawn is located, he…
2Cases cited31 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Palmer v. PalmerMichigan Supreme Court · 1877
- Thompson v. Whitaker Iron Co.West Virginia Supreme Court · 1895
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Hindman v. RizorOregon Supreme Court · 1891
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3Cited by8 opinions
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- Dean v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1938
- Joppa v. Clark Commission Co.Oregon Supreme Court · 1929
- Woods-Taylor & Co. v. SmithCourt of Appeals of Texas · 1926
- France v. RossDistrict Court of Appeal of Florida · 1964
3 more not listed; retrieve them via the Exa API.