Gaston v. McLeran
Multnomah County Circuit Court, Oregon
This is a suit to foreclose a mortgage executed by the defendants in favor of the plaintiff, Mrs. N. J. Gaston, to secure a promissory note, in form as follows: “$2,000 Portland, Oregon, December 14, 1870. “Twelve months after date, without grace, we jointly and severally promise to pay to the order of Mrs. N. J. Gaston, at the First National .Bank of Portland, Two Thousand Dollars, for value received, with interest from date thereof until paid, at one per cent, per month,…
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This is a suit to foreclose a mortgage executed by the defendants in favor of the plaintiff, Mrs. N. J. Gaston, to secure a promissory note, in form as follows: “$2,000 Portland, Oregon, December 14, 1870. “Twelve months after date, without grace, we jointly and severally promise to pay to the order of Mrs. N. J. Gaston, at the First National .Bank of Portland, Two Thousand Dollars, for value received, with interest from date thereof until paid, at one per cent, per month, principal and interest both payable in United States gold coin; interest payable quarter-annually, and in case suit is…
1Opinion of the Court
Upton,'J.,
delivered the following opinion: The defense set up in the first paragraph of the answer is insufficient. The declarations of the'defendants as to what they admit, can be of no consequence; as a matter of law they admit whatever material allegation of the complaint they do not directly deny. What is said on the subject of admissions being disregarded; there remains the words, “defendants deny that they received the sum of $2,000, as the consideration of said note, or any other greater sum than $1,960, and that said note was and’ is usurious.” If we supply words and treat the last…
2Cases cited2 opinions
- Gould v. HornerNew York Supreme Court · 1852
- Bank v. Van AntwerpNew York Supreme Court · 1857
3Cited by1 opinion
- Farrell v. KirkwoodOregon Supreme Court · 1914