Moll v. Roth Co.
Oregon Supreme Court
From Marion: Percy B. Kelly, Judged Statement by Mr. Justice Bean. This is an action by E. O. Moll against tbe Botb Company, as indorser upon a promissory note. The trial court granted a judgment of nonsuit and plaintiff appeals.
Read the full summary
From Marion: Percy B. Kelly, Judged Statement by Mr. Justice Bean. This is an action by E. O. Moll against tbe Botb Company, as indorser upon a promissory note. The trial court granted a judgment of nonsuit and plaintiff appeals. Tbe complaint sets forth in substance: “That on or about tbe 23d day of February, 1912, one C. C. Hickok, for value received, executed and delivered to tbe defendant bis promissory note, wherein and whereby be promised and agreed to pay to tbe order of tbe said defendant (at Ladd & Bush, Bankers, Salem, Oregon) tbe sum of $350, with interest thereon at the rate of 8…
1Opinion of the CourtJustice Bean
1-5. The question for determination is as to the waiver of presentment and notice of nonpayment. Our negotiable instruments law provides that presentment for payment is dispensed with by waiver of presentment, express or implied: Section 5915, L. O. L.; Crawford, Neg. Inst., p. 107, notes. Notice of dishonor may be waived either before the time of giving notice has arrived or after the omission to give due notice, and the waiver may be express or implied : Section 5942, L. O. L. When any fact or transaction exists which raises an equity between the indorser and indorsee and shows it to be…
2Cases cited5 opinions
- Yeager v. FarwellSupreme Court of the United States · 1871
- Sheldon v. . HortonNew York Court of Appeals · 1870
- Torbert v. MontagueSupreme Court of Colorado · 1906
- Ridgway & Budd v. DaySupreme Court of Pennsylvania · 1850
- Robinson v. HolmesOregon Supreme Court · 1910
3Cited by10 opinions
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Nickell v. BradshawOregon Supreme Court · 1919
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Depot Realty Syndicate v. Enterprise Brewing Co.Oregon Supreme Court · 1917
- Foundry Manufacturing Co. v. FarrSupreme Court of Vermont · 1923
5 more not listed; retrieve them via the Exa API.