Kiernan v. Kratz
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by John Kiernan against Y. Kratz to recover money. The facts are that on January 8,1894, plaintiff, in consideration of $14,500, sold and conveyed a flouring mill to the. defendant, who, in part payment thereof, assigned to him certain certificates of deposit issued by, and a check drawn on, the Portland Savings Bank of Portland, Oregon, the face value of which, with accrued interest, was the sum of $7,461.42. At…
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From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by John Kiernan against Y. Kratz to recover money. The facts are that on January 8,1894, plaintiff, in consideration of $14,500, sold and conveyed a flouring mill to the. defendant, who, in part payment thereof, assigned to him certain certificates of deposit issued by, and a check drawn on, the Portland Savings Bank of Portland, Oregon, the face value of which, with accrued interest, was the sum of $7,461.42. At that time said bank was-in the custody of a receiver, having suspended payment July 28, 1893, notwithstanding which a…
1Opinion of the CourtChief Justice Moore
It is contended by defendant’s counsel that the agreement of their client to pay the sums remaining due on the original certificates of deposit and check, .at the time specified, was a collateral undertaking to answer for the debt of the Portland Savings Bank, which was pre-existing and still subsisting, and could only be enforced when evidenced, as it was, by a writing, and that a modification of such guaranty could only be secured in the same formal manner; but, the alleged alteration thereof having been made by parol, the court erred in refusing to grant a judgment of nonsuit. Plainitff’s…
2Cases cited28 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- White v. . RintoulNew York Court of Appeals · 1888
- Farley v. ClevelandNew York Supreme Court · 1825
- Parker v. JefferyOregon Supreme Court · 1894
23 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Phez Co. v. Salem Fruit UnionOregon Supreme Court · 1921
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Stringham v. Mutual Ins.Oregon Supreme Court · 1904
- Holmes v. WolfardOregon Supreme Court · 1905
19 more not listed; retrieve them via the Exa API.