Legal Opinion

Law Trust Society v. Hogue

Oregon Supreme Court

Decided October 8, 1900Published

From Washington : Thos. A. McBride, Judge. This is a suit to foreclose a mortgage. The transcript shows that the defendants Harvey A. Hogue and Sarah L. Hogue, his wife, on September 1, 1892, gave to the Jarvis-Conklin Mortgage Trust Co. their promissory note for $6,600, payable in five years, with interest thereon at the rate of five and one-half per cent, per annum, payable semiannually, and stipulated therein that, if either principal or interest remained unpaid ten days…

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From Washington : Thos. A. McBride, Judge. This is a suit to foreclose a mortgage. The transcript shows that the defendants Harvey A. Hogue and Sarah L. Hogue, his wife, on September 1, 1892, gave to the Jarvis-Conklin Mortgage Trust Co. their promissory note for $6,600, payable in five years, with interest thereon at the rate of five and one-half per cent, per annum, payable semiannually, and stipulated therein that, if either principal or interest remained unpaid ten days after maturity, the principal should draw interest from date at the rate of eight per cent, per annum ; and to secure…

1Opinion

Decided 4 February, 1801.

On Petition for Rehearing.

2Opinion of the CourtJustice Wolverton

By a supplemental petition for rehearing, filed since the original was denied, it is insisted that the holding of the court to the effect that a mere affirmative averment of defendants’ want of knowledge or information sufficient to form a belief concerning a material matter alleged in the complaint is not a good denial, and presents no issue, is opposed to two former decisions of this court, namely, Robbins v. Baker, 2 Or. 52, and Sherman v. Osborn, 8 Or. 66. These cases are not referred to in the opinion, and, to the end that we may not be…

3Cases cited7 opinions

  1. Hickox v. ElliottUnited States Circuit Court · 1886
  2. Wilson v. AllenOregon Supreme Court · 1883
  3. Rough v. BoothCalifornia Supreme Court · 1884
  4. Claflin v. ReeseSupreme Court of Iowa · 1880
  5. Colburn v. BarrettOregon Supreme Court · 1891

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