Wilson v. Wilson
Oregon Supreme Court
Appeal from Douglas: J. C. Fullerton, Judge. This is an action in behalf of the estate of Daniel Wil son, deceased, brought by Geo. W. Wilson as the administrator thereof, by appointment of a probate court in the State of Washington, against W. C. Wilson and Mary J. Wilson, upon their promissory note executed in September, eighteen hundred and eighty-eight, and made payable to the said Daniel Wilson, now deceased, three years after the date thereof.
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Appeal from Douglas: J. C. Fullerton, Judge. This is an action in behalf of the estate of Daniel Wil son, deceased, brought by Geo. W. Wilson as the administrator thereof, by appointment of a probate court in the State of Washington, against W. C. Wilson and Mary J. Wilson, upon their promissory note executed in September, eighteen hundred and eighty-eight, and made payable to the said Daniel Wilson, now deceased, three years after the date thereof. The defendants by their answer deny the execution of said note and their liability thereon, and, for a further and separate answer, allege, in…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
The questions suggested by this record are two: First, where one gives a promissory note to his retiring partner, covering partnership funds advanced by the partner so retiring, and used in the business, can failure of considera*256tion, based upon the alleged facts that no final settlement has ever been had of the partnership affairs, and that upon such settlement there would be nothing due thereon, be shown in defense to an action at law upon said note? And, second, can it be shown by verbal testimony that a promissory note given for a definite sum, and made…
2Cases cited9 opinions
- Burnes v. ScottSupreme Court of the United States · 1886
- Merrill v. . GreenNew York Court of Appeals · 1873
- Portland National Bank v. ScottOregon Supreme Court · 1891
- Moir v. DodsonWisconsin Supreme Court · 1861
- Stafford v. FargoIllinois Supreme Court · 1864
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3Cited by36 opinions
- Troutman v. ErlandsonOregon Supreme Court · 1979
- Thompson v. CoughlinOregon Supreme Court · 2000
- Kelly v. TracyOregon Supreme Court · 1956
- Anthes v. AnthesIdaho Supreme Court · 1912
- Lumbermen's Nat. Bank v. CampbellOregon Supreme Court · 1912
31 more not listed; retrieve them via the Exa API.