Williams v. Culver
Oregon Supreme Court
From Coos : Henry L. Benson, Judge. • This is an action by Jefferson Williams, administrator de bonis non of the estate of P. W. Williams, with the will annexed, against S. J. Culver, upon a promissory note executed by the defendant in favor of the plaintiff’s intestate on August 19, 1891. The defense, in substance, is that the note was executed in Dpuglas County, in renewal of an old note upon which the defendant was entitled to credits for money advanced to and paid out…
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From Coos : Henry L. Benson, Judge. • This is an action by Jefferson Williams, administrator de bonis non of the estate of P. W. Williams, with the will annexed, against S. J. Culver, upon a promissory note executed by the defendant in favor of the plaintiff’s intestate on August 19, 1891. The defense, in substance, is that the note was executed in Dpuglas County, in renewal of an old note upon which the defendant was entitled to credits for money advanced to and paid out for J. H. Williams, a son of the deceased, on account of certain litigation in Curry County in which the son was involved…
1Opinion of the CourtChief Justice Bean
1. Upon the trial the defendant called as a witness one J. P. Tupper, who testified that in 1885, at Bandon, in Coos County, the defendant, in his presence, gave Judge Mosier, who was then on his way to Douglas County, $140, with directions to deliver it to the deceased. An objection to this testimony on the ground of incompetency was overruled, and the evidence admitted. It seems to us clear that the objection was well taken. There was no showing that Mosier had any authority to collect money for the deceased, or to represent him in matters of that kind, and so its delivery to him with…
2Cases cited7 opinions
- Church v. . HowardNew York Court of Appeals · 1880
- Doon v. SmithOregon Supreme Court · 1893
- Austin v. . HollandNew York Court of Appeals · 1877
- Home Insurance Co. of New York v. MarpleIndiana Court of Appeals · 1891
- Sullivan v. KuykendallCourt of Appeals of Kentucky · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Johnson v. UnderwoodOregon Supreme Court · 1922
- Goltra v. PenlandOregon Supreme Court · 1904
- State v. EdwardsOregon Supreme Court · 1922
- Smith v. WhiteOregon Supreme Court · 1962
- State v. GrayOregon Supreme Court · 1905
6 more not listed; retrieve them via the Exa API.