Overholt v. Dietz
Oregon Supreme Court
From Grant: Morton D. Clifford, Judge. Suit by D. G. Overholt, individually and as administrator of the partnership estate of John Muldrick, deceased, against David D. Dietz.
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From Grant: Morton D. Clifford, Judge. Suit by D. G. Overholt, individually and as administrator of the partnership estate of John Muldrick, deceased, against David D. Dietz. The plaintiff, by his complaint, sets up the previous existence of a copartnership between himself and John Muldrick, and his appointment as administrator of the copartnership estate upon the death of Muldrick; the execution by defendant to Muldrick, on September 17, 1891, of a promissory note for $1,267.97, payable in one year, with interest at 10 per cent, and a mortgage on certain real property to secure its payment.…
1Opinion of the CourtJustice Wolverton
1. Plaintiff’s first assignment of error is directed to the order overruling his motion to strike out the denials in the answer relative to the indorsement and assignment of the note and mortgage to the firm of Overholt & Muldrick and plaintiff’s ownership thereof, it being insisted that *196the end intended to be subserved thereby is to raise an issue as to whether the plaintiff is the real party in interest, and that said answer is manifestly insufficient for that purpose. There was no attempt to set up that plaintiff was not the real party in interest. Under the authorities cited, such a…
2Cases cited8 opinions
- Curtis v. GoodingIndiana Supreme Court · 1884
- Weeks v. MedlerSupreme Court of Kansas · 1878
- Mathis v. ThomasIndiana Supreme Court · 1885
- Spurrier v. BriggsIndiana Supreme Court · 1861
- Heartman v. FranksSupreme Court of Arkansas · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Harrison v. BirrellOregon Supreme Court · 1911
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Bank of Jordan Valley v. DuncanOregon Supreme Court · 1922
- Lamb v. ConnorWashington Supreme Court · 1915
- Levins v. StakeOregon Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.