Friendly v. Lee
Oregon Supreme Court
Benton county: R. S. Bean, Judge. Plaintiff appeals. This was an action to recover sixty dollars. In substance; it arose out of this state of facts: The plaintiff alleges that on the 29th day of May, 1886, he borrowed of the defendant the sum of $300 at the rate of ten per cent interest; that on the 28th day of November, 1887, he payed the plaintiff $45 on the same, and that on the 7th day of September, 1889, there was due the sum of $356.22, and that he paid the defendant…
Read the full summary
Benton county: R. S. Bean, Judge. Plaintiff appeals. This was an action to recover sixty dollars. In substance; it arose out of this state of facts: The plaintiff alleges that on the 29th day of May, 1886, he borrowed of the defendant the sum of $300 at the rate of ten per cent interest; that on the 28th day of November, 1887, he payed the plaintiff $45 on the same, and that on the 7th day of September, 1889, there was due the sum of $356.22, and that he paid the defendant the said sum of $356.22, and by mistake in addition thereto paid the defendant $60, and that he has demanded the payment…
1Opinion of the CourtLord, J.
— Upon this state of facts the only inquiry is, did the trial court err in refusing to permit the entry on.the cash-book to be read to the jury as evidence? The issue was, whether or not the plaintiff had received from tho defendant the sum of $300 on the 29th day of May, 1886. It was in support of that issue to which his testimony was directed and the entry was offered as evidence. The record discloses that he had testified that the $300 was received by him from the defendant on that date, and that it was the only money he had ever borrowed or had from the defendant; that after testifying to…
2Cases cited4 opinions
- Jaques v. HortonSupreme Court of Alabama · 1884
- Commonwealth v. FordMassachusetts Supreme Judicial Court · 1881
- Field v. ThompsonMassachusetts Supreme Judicial Court · 1875
- Scullen v. GeorgeMichigan Supreme Court · 1887
3Cited by12 opinions
- State v. FolkesOregon Supreme Court · 1944
- Radtke v. TaylorOregon Supreme Court · 1922
- Hurt v. FordSupreme Court of Missouri · 1898
- Manchester Assur. Co. v. Oregon RailroadOregon Supreme Court · 1905
- Jacobs v. OrenOregon Supreme Court · 1897
7 more not listed; retrieve them via the Exa API.