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…
1Opinion of the CourtJohns, J.
1. It is very apparent that this case was tried in the Circuit Court on the theory that the note in question was a negotiable instrument, and was indorsed in writing by the defendant “without recourse.” The complaint alleges that the defendant “by a written transfer and assignment sold, assigned, and delivered to the plaintiff a certain promissory note in writing executed on the eighteenth day of August, 1913, for value received, by Frank H. Green-man and Olive E. Greenman, his wife, to B. B. Burner. ” The note is not pleaded in haec verba, and the allegation quoted is not equivalent to…
2Cases cited1 opinion
- Carroll v. NodineOregon Supreme Court · 1902
3Cited by6 opinions
- Moody v. Morris-Roberts Co.Idaho Supreme Court · 1923
- Queensboro Nat. Bank of City of New York v. KellyCourt of Appeals for the Second Circuit · 1931
- Commercial Credit Co. v. Blanks Motor Co.Supreme Court of Arkansas · 1927
- Payette National Bank v. IngardIdaho Supreme Court · 1921
- Mathes v. BangsCalifornia Court of Appeal · 1932
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