Godfrey v. Howes
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 2. On November 30, 1914, the plaintiff, then and now a resident of New York, executed to Ensign E. Howes, then a resident of Portland, Oregon, a general power of attorney, by which, among other things, she authorized him to collect and receive in her name and as her act and deed, any notes, mortgages or other evidences of debt which were then or would thereafter become due and owing.
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From Multnomah: Robert G. Morrow, Judge. Department 2. On November 30, 1914, the plaintiff, then and now a resident of New York, executed to Ensign E. Howes, then a resident of Portland, Oregon, a general power of attorney, by which, among other things, she authorized him to collect and receive in her name and as her act and deed, any notes, mortgages or other evidences of debt which were then or would thereafter become due and owing. On December 24, 1916, Howes died testate and Christina E. Howes as his surviving widow was duly appointed and qualified as executrix, of his estate. The…
1Opinion of the CourtJohns, J.
This opinion will be as brief as the court’s instructions, to which neither party took an exception.
Defendant relies upon Section 1241, L. O. L., which, among other things, provides that:
“No claim which shall have been rejected by the executor or administrator as aforesaid, shall be allowed by any court, referee, or jury except upon some competent or satisfactory evidence other than the testimony of the claimant.”
—and contends that there is no “evidence other than the testimony of the claimant” that the deceased ever collected or received any money belonging to the plaintiff.
1, 2. The proof…
2Cases cited1 opinion
- Quinn v. GrossOregon Supreme Court · 1893
3Cited by5 opinions
- Wagner v. Savage, as Adm'rOregon Supreme Court · 1952
- Littlepage v. Security Savings & Trust Co.Oregon Supreme Court · 1931
- Mahan v. First Nat. Bank of ArizonaCourt of Appeals of Arizona · 1984
- Mahan v. First National BankCourt of Appeals of Arizona · 1984
- In re Estates of BethelOregon Supreme Court · 1924