Philomath College v. Hartless
Oregon Supreme Court
Appeal from Benton County. This action was brought by Philomath College for the collection of a promissory note executed by Hartless, the respondent, for seven hundred and sixty-four dollars and interest.
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Appeal from Benton County. This action was brought by Philomath College for the collection of a promissory note executed by Hartless, the respondent, for seven hundred and sixty-four dollars and interest. It is alleged that the note was for a valuable consideration; that prior to its execution Hartless had induced the college corporation to purchase a large quantity of land, and to erect a college building thereon, and to expend large sums of money upon his promise that he would pay the college one thousand and five hundred dollars, and that the note in question was given in settlement of…
1Opinion of the Court
By the Court, Watson, J.:
The errors assigned in this case are in the findings of the court, and its failure to find upon certain issues. Of the five assignments it would be necessary for us, with the conclusion at which we have arrived, to examine only the third and fourth, but that the final disposition of the case requires that we shall also briefly refer to the first, second and fifth. The first is that the judgment was not given on the merits, and is a nullity. We do not agree to this. The action was brought to recover the amount of a promissory note. The answer denied the existence of…
2Cases cited4 opinions
- Barnes v. . PerineNew York Court of Appeals · 1854
- M'Auley v. BillengerNew York Supreme Court · 1822
- Fink v. Canyon Road Co.Oregon Supreme Court · 1874
- Thompson v. Board of SupervisorsIllinois Supreme Court · 1866
3Cited by4 opinions
- Ricketts v. ScothornNebraska Supreme Court · 1898
- Iba v. Central Ass'n of WyomingWyoming Supreme Court · 1895
- University of Chattanooga v. StansberryCourt of Appeals of Tennessee · 1928
- Depauw University v. AnkenyWashington Supreme Court · 1917