Clarke-Woodward Drug Co. v. Hot Lake Sanatorium Co.
Oregon Supreme Court
From Multnomah: Henry E. McGtnn, Judge. Department 2. Statement by Mr. Chief Justice Moore. This is an action by the Clarke-Woodward Drug Company against the Hot Lake Sanatorium Company to recover money.
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From Multnomah: Henry E. McGtnn, Judge. Department 2. Statement by Mr. Chief Justice Moore. This is an action by the Clarke-Woodward Drug Company against the Hot Lake Sanatorium Company to recover money. The complaint for a first cause of action alleges, in effect, that the parties are corporations; that on May 16, 1911, an account was stated between them, and there was found to be due the plaintiff a difference of $3,112.47, which the defendant promised to discharge; that no part thereof has been paid except $249, and there is due $2,863.47, with interest from the time such balance was…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is contended that the execution of the promissory note by the defendant to R. L. Sabin for a sum which included the demands of the plaintiff precludes it from maintaining this action, and for that reason errors were committed in directing a verdict for the plaintiff and in rendering the judgment given herein. “Nothing,” says Mr. Chief Justice Lord, in Black v. Sippy, 15 Or. 574, “is better settled than that accepting a note is not payment of an account, nor is accepting one note in renewal of another payment of the old note, unless there is an agreement…
2Cases cited14 opinions
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Stringham v. Mutual Ins.Oregon Supreme Court · 1904
- Black v. SippyOregon Supreme Court · 1888
- State ex rel. Bussell v. BridgesWashington Supreme Court · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rickard v. EllisOregon Supreme Court · 1962
- Riner v. Southwestern Surety Ins.Oregon Supreme Court · 1917
- State Unemployment Compensation Commission v. BrownOregon Supreme Court · 1960
- Joppa v. Clark Commission Co.Oregon Supreme Court · 1929
- Doyle v. ChladekOregon Supreme Court · 1965
4 more not listed; retrieve them via the Exa API.