Simpson v. First Nat. Bank
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 2.' The plaintiff is attempting to recover from the defendant the amount due on a promissory note on the theory that the bank is liable as an indorser to her, notwithstanding the fact that when'she received the note from the bank the instrument contained an unfilled blank for a payee and the name of the bank did not appear in or on the note. The court sustained a demurrer to the amended complaint.
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From Douglas: James W. Hamilton, Judge. Department 2.' The plaintiff is attempting to recover from the defendant the amount due on a promissory note on the theory that the bank is liable as an indorser to her, notwithstanding the fact that when'she received the note from the bank the instrument contained an unfilled blank for a payee and the name of the bank did not appear in or on the note. The court sustained a demurrer to the amended complaint. The plaintiff refused to plead further and thereupon a judgment was entered against her for the defendant’s costs and disbursements. The plaintiff…
1Opinion of the CourtHarris, J.
The amended complaint was framed upon the theory that the bank was liable as an indorser on the note. The pleading recites that when the note was executed the name of the payee “was left blank”; and that the instrument was still in that condition when the plaintiff received it. The pleader tells' about writing the name of the defendant in the blank and then avers that—
The “plaintiff is entitled to the indorsement of the defendant herein upon said note and was at all times so entitled to the same.”
Again, we read in the amended complaint an allegation that the defendant had notice of the…
2Cases cited55 opinions
- Liberty Trust Co. v. TiltonMassachusetts Supreme Judicial Court · 1914
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Vander Ploeg v. Van ZuukSupreme Court of Iowa · 1907
- Bowles Co. v. ClarkWashington Supreme Court · 1910
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3Cited by32 opinions
- Durant v. SnyderIdaho Supreme Court · 1944
- Ward v. TOWN TAVERNOregon Supreme Court · 1951
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- American National Bank v. KerleyOregon Supreme Court · 1923
- Bank of Commerce & Savings v. RandellNebraska Supreme Court · 1921
27 more not listed; retrieve them via the Exa API.