Bowman v. Wade
Oregon Supreme Court
Statement by Mr. Justice Slater. Plaintiff, O. P. Bowman, brought this action on April 13, 1908, against Henry Wade, to recover money loaned to defendant, alleging, substantially: That in January, 1903, he loaned him the sum of $300; that, when the same became due in April following, defendant solicited an additional loan of $700; that on April 18th of that year plaintiff loaned him the further sum of $700 upon an agreement that the whole amount of $1,000 should stand as a…
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Statement by Mr. Justice Slater. Plaintiff, O. P. Bowman, brought this action on April 13, 1908, against Henry Wade, to recover money loaned to defendant, alleging, substantially: That in January, 1903, he loaned him the sum of $300; that, when the same became due in April following, defendant solicited an additional loan of $700; that on April 18th of that year plaintiff loaned him the further sum of $700 upon an agreement that the whole amount of $1,000 should stand as a loan for three years from that date and should bear 10 per cent interest; that no part thereof, principal or interest,…
1DissentJustice King
delivered the following dissenting opinion:
I am unable to concur with that part of the opinion holding that, under the circumstances presented by the record, an attachment will lie. I regard it as a well-established rule that, unless the statute expressly provides for a liberal construction, all enactments relative to attachments must be strictly construed, and may not be extended by implication or interpretation. Our statute makes no provision for an exception to this rule, with reference to which Mr. Justice Strahan, in Case v. Noyes, 16 Or. 329, 333 (19 Pac. 104, 106), referring to…
2Cases cited9 opinions
- Penoyar v. . KelseyNew York Court of Appeals · 1896
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- Ashcraft v. De ArmondSupreme Court of Iowa · 1876
- Case v. NoyesOregon Supreme Court · 1888
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
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