Triphonoff v. Sweeney
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Bean. This is an action by M. H. Triphonoff against J. "W. Sweeney, S. M. Blumaner, and Isaac Blumaner, partners doing business under the firm name and style of the J. W. Sweeney Construction Company, and J. W. Sweeney, S..M. Blumaner and Isaac Blumaner, to recover money. The cause was tried before a jury, and a verdict found in favor of plaintiff. From a judgment rendered thereon, defendants appeal.
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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Bean. This is an action by M. H. Triphonoff against J. "W. Sweeney, S. M. Blumaner, and Isaac Blumaner, partners doing business under the firm name and style of the J. W. Sweeney Construction Company, and J. W. Sweeney, S..M. Blumaner and Isaac Blumaner, to recover money. The cause was tried before a jury, and a verdict found in favor of plaintiff. From a judgment rendered thereon, defendants appeal. The action is based on the following instrument: ‘ 'No. 12413. Portland, Ore., April 15th, 1911. “The United States National…
1Opinion of the CourtJustice Bean
1. Counsel for defendants contend that the fact that the check was postdated was sufficient to put the plaintiff upon inquiry as to any infirmity in the instrument, or defect in the title, and that the court erred in refusing to instruct the jury as requested by defendant’s counsel, as follows: “That a postdated check is not a negotiable instrument if taken before the date on which demand can be made for payment, but is simply an assignment of the rights of the payee and opens the check to all the equity.” Section 5834, L. O. L., being a, part of the negotiable instruments law of this state,…
2Cases cited15 opinions
- Hillman v. YoungOregon Supreme Court · 1912
- Matlock v. ScheuermanOregon Supreme Court · 1908
- Sturgis v. BakerOregon Supreme Court · 1903
- Coos Bay Railroad v. SiglinOregon Supreme Court · 1894
- Clark v. WickOregon Supreme Court · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of Portland v. GoodwinOregon Supreme Court · 1949
- Cockerham v. PottsOregon Supreme Court · 1933
- Smith v. DurantOregon Supreme Court · 1975
- Republic Life & Accident Insurance v. HatcherCourt of Appeals of Kentucky (pre-1976) · 1932
- Portland v. WhiteOregon Supreme Court · 1922
14 more not listed; retrieve them via the Exa API.