Nickell v. Bradshaw
Oregon Supreme Court
From Jackson: Frank M. Caukins, Judge. Department 1. Belle Nickell brought this action against R. H. Bradshaw, as the maker, and against Effie May Terrill, as an indorser of a promissory note. Bradshaw made no appearance and there was a judgment against him for the amount of the note; but as between Belle Nickell and Effie May Terrill there was an involuntary judgment of nonsuit against Belle Nickell. The plaintiff appealed.
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From Jackson: Frank M. Caukins, Judge. Department 1. Belle Nickell brought this action against R. H. Bradshaw, as the maker, and against Effie May Terrill, as an indorser of a promissory note. Bradshaw made no appearance and there was a judgment against him for the amount of the note; but as between Belle Nickell and Effie May Terrill there was an involuntary judgment of nonsuit against Belle Nickell. The plaintiff appealed. On August 9, 1910, R. H. Bradshaw delivered to Effie May Terrill his promissory note which reads as follows: * “$2000. Medford, Oregon, Aug. 9th, 1910. “Five years from…
1Opinion of the CourtHarris, J.
1. The respondent argues that the note introdiiced in evidence is not the instrument described in the complaint and upon which the action is *588brought. The note recited in the complaint is an exact copy of the instrument received in evidence except that the words “due if ranch is sold or mortgaged” are omitted from the former. The answer denies all the allegations of the complaint but this denial is qualified by the words “except as hereinafter specifically alleged.” Immediately following this qualified denial is paragraph one in which it is affirmatively alleged that on August 9, 1910, R. H.…
2Cases cited47 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Jones v. AlbeeIllinois Supreme Court · 1873
- Page v. FordOregon Supreme Court · 1913
- Dale v. GearSupreme Court of Connecticut · 1871
- First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
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3Cited by25 opinions
- United States v. CardinalDistrict Court, D. Vermont · 1978
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- First National Bank of Bridgeport, Connecticut v. BlackmanNew York Court of Appeals · 1928
- Great Falls National Bank v. YoungMontana Supreme Court · 1923
- Harrison v. BealsOregon Supreme Court · 1924
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