Sayre v. Mohney
Oregon Supreme Court
From Marion : Geo. H. Burnett, Judge. Action by Ruth E. Sayre, executrix, against W. D. Mobney and others. This is the second appeal in this case, the facts of which are stated in the former opinion : Sayre v. Mohney, 30 Or. 238 (47 Pac. 197). The cause being remanded, the defendants, by leave of court, filed an amended answer, omitting therefrom the averment in the original to the effect that plaintiff agreed to convey to them as partners the real property described in the…
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From Marion : Geo. H. Burnett, Judge. Action by Ruth E. Sayre, executrix, against W. D. Mobney and others. This is the second appeal in this case, the facts of which are stated in the former opinion : Sayre v. Mohney, 30 Or. 238 (47 Pac. 197). The cause being remanded, the defendants, by leave of court, filed an amended answer, omitting therefrom the averment in the original to the effect that plaintiff agreed to convey to them as partners the real property described in the bond for a deed. Thereupon plaintiff filed a reply, denying the allegations of new matter contained in the amended…
1Opinion of the CourtJustice Moore
The plaintiff, having introduced in evidence the promissory note which formed the basis of her action, rested, whereupon defendants’ counsel moved the court for a judgment of nonsuit, which being overruled, an exception was saved. It is contended that inasmuch as the complaint is in the ordinary form in an action on a promissory note, and it being averred in the answer that, in consequence of plaintiff’s inability to convey the premises by a good and sufficient title, the note was without consideration, and the reply having admitted that the written promise was executed as evidence of the…
2Cases cited21 opinions
- Mecham v. McKayCalifornia Supreme Court · 1869
- Naftzger v. GreggCalifornia Supreme Court · 1893
- Glassell v. ColemanCalifornia Supreme Court · 1892
- McCourt v. JohnsOregon Supreme Court · 1898
- McCroskey v. LaddCalifornia Supreme Court · 1892
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3Cited by16 opinions
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- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
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- Walker v. HewittOregon Supreme Court · 1923
- Coles v. MeskimenOregon Supreme Court · 1906
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