De War v. First Nat. Bank
Oregon Supreme Court
From Douglas: James ~W. Hamilton, Judge. Department 1. This is the second appeal in this case. The pleadings are set out at length in the opinion of this court in the former appeal, and it is therefore unnecessary to repeat them here: Be War v. First National Bank, 80 Or. 260 (156 Pac. 1038). Hpon the first trial there was a verdict and judgment for plaintiff from which defendant appealed, and the judgment was reversed and the cause remanded for a new trial which has been…
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From Douglas: James ~W. Hamilton, Judge. Department 1. This is the second appeal in this case. The pleadings are set out at length in the opinion of this court in the former appeal, and it is therefore unnecessary to repeat them here: Be War v. First National Bank, 80 Or. 260 (156 Pac. 1038). Hpon the first trial there was a verdict and judgment for plaintiff from which defendant appealed, and the judgment was reversed and the cause remanded for a new trial which has been had, resulting as before, and defendant again appeals.
1Opinion of the CourtBenson, J.
1, 2. The issues made by the pleadings are very simple and clear. The complaint alleges a deposit of money in the defendant bank and the refusal of the latter to repay it upon demand.
The answer denies the allegations of the complaint, and then pleads two affirmative defenses, the first of *544which, is, that the plaintiff authorized T. B. Sheridan, as her agent, to withdraw $3,000 of her deposit and lend it for her, which he did, to one A. M. Kelsay, taking the latter’s note therefor, which was afterward delivered to plaintiff at her request. The second defense is a plea of estoppel based upon a…
2Cases cited3 opinions
- State v. BrownOregon Supreme Court · 1895
- Saratoga Inv. Co. v. KernOregon Supreme Court · 1915
- De War v. First Nat. BankOregon Supreme Court · 1916
3Cited by7 opinions
- Mayor v. DowsettOregon Supreme Court · 1965
- Summerville v. GillespieOregon Supreme Court · 1947
- Streichert v. HigginsOregon Supreme Court · 1927
- HUNT v. BishopOregon Supreme Court · 1951
- Wehoffer v. WehofferOregon Supreme Court · 1945
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