Palomaki v. Laurell
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice Moore. The material averments of the complaint herein are to the effect (I) that Isaac Pajunen executed to the plaintiff a promissory note, of which the following is a copy: • ■ “$200.00. Astoria, Ore., July 20th, 1914. “1 year after date, I promise to pay to the order of J. P. Palomaki, Nasel, "Wash., two hundred and no-100 dollars, for value received, with interest after date at the rate of 6 per cent…
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From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice Moore. The material averments of the complaint herein are to the effect (I) that Isaac Pajunen executed to the plaintiff a promissory note, of which the following is a copy: • ■ “$200.00. Astoria, Ore., July 20th, 1914. “1 year after date, I promise to pay to the order of J. P. Palomaki, Nasel, "Wash., two hundred and no-100 dollars, for value received, with interest after date at the rate of 6 per cent per annum, payable when due. Principal and interest payable in U. S. Gold coin at Astoria, Ore., and in case suit or…
1Opinion of the CourtJustice Moore
1. The plaintiff as a witness in his own behalf having testified that no change had been made in the note since it was delivered to him, his counsel was permitted to offer the negotiable instrument in evidence over objection and exception that it had seemingly been altered, thereby requiring the payee to explain its appearance. It is contended that an error was committed in this particular. The statute governing the introduction of such evidence reads in part:
“The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution or making, in a…
2Cases cited9 opinions
- Palmer v. PoorIndiana Supreme Court · 1889
- Draper v. WoodMassachusetts Supreme Judicial Court · 1873
- Walton Plow Co. v. CampbellNebraska Supreme Court · 1892
- Builders Lime & Cement Co. v. WeimerSupreme Court of Iowa · 1915
- Wicker v. . JonesSupreme Court of North Carolina · 1912
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3Cited by8 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Kirchner v. ClostermannOregon Supreme Court · 1931
- Mallory v. ChingOregon Supreme Court · 1962
- Stacey v. FritzlerOregon Supreme Court · 1938
- Anderson v. EischenCourt of Appeals for the Ninth Circuit · 1926
3 more not listed; retrieve them via the Exa API.