Sloan v. Sloan
Oregon Supreme Court
From Baker: Robert Eakin, Judge. Statement by Mr. Justice Wolverton. This is an action by Perry Y. Sloan against Benjamin Leroy Sloan to recover upon a promissory note given, by the defendant to the plaintiff November 29, 1894, at Marengo, Ind., calling for $140 one day after date, with interest at 8 per cent and attorney’s fees. One defense set up is that the note is barred by the statute of limitations.
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From Baker: Robert Eakin, Judge. Statement by Mr. Justice Wolverton. This is an action by Perry Y. Sloan against Benjamin Leroy Sloan to recover upon a promissory note given, by the defendant to the plaintiff November 29, 1894, at Marengo, Ind., calling for $140 one day after date, with interest at 8 per cent and attorney’s fees. One defense set up is that the note is barred by the statute of limitations. It appears by the bill of exceptions that at the trial, when plaintiff rested, counsel for the defendant moved for a nonsuit against plaintiff on the ground that the testimony shows that the…
1Opinion of the CourtJustice Wolverton
Two questions are presented for our consideration. The first relates to the action of the circuit court in sustaining the objection to a question put to the plaintiff while a witness in his own behalf, and the second to that of the court in directing a verdict for the defendant.
1. The note was identified by the plaintiff, and offered and received in evidence. There appear upon the back of it the following indorsements:
“Marengo, Ind., Nov. 29, ’96, rec’d on within note the sum of $40.”
“Marengo, Ind., Sept. 23rd, 1901, credited by corn,’ $2.”
The limitation of the action depends upon the…
2Cases cited3 opinions
- Connell v. McLoughlinOregon Supreme Court · 1895
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- Harding v. Oregon-Idaho Co.Oregon Supreme Court · 1910
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