Hoffman v. Habighorst
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. This is an action by Julia E. Hoffman, as executrix, on a promissory note made by E. H. Habighorst and 14 others, of date February 29, 1892, for the principal sum of $15,000, payable one year after date, with interest at 8 per cent per annum, to the order of Mrs. Sarah Wertheimer, who, on or about August 29, 1895, sold and transferred it to the plaintiff.
Read the full summary
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. This is an action by Julia E. Hoffman, as executrix, on a promissory note made by E. H. Habighorst and 14 others, of date February 29, 1892, for the principal sum of $15,000, payable one year after date, with interest at 8 per cent per annum, to the order of Mrs. Sarah Wertheimer, who, on or about August 29, 1895, sold and transferred it to the plaintiff. It is claimed by the defendants that the note in suit was given without any valuable consideration coniing to them, but was made at the request of-the…
1Opinion
Decided 23 July, 1907.
On Motion for Rehearing.
Opinion by
Mr. Commissioner Slater.
A very earnest motion for a rehearing has been filed by plaintiff’s counsel in this case, in which connection all the issues involved have been reargued; but, after a painstaking and careful re-examination of the whole case, we are constrained to recommend an adherence to- the opinion.
5. Plaintiff’s main contention is that, in order to sustain the defendants’ claim of a release by an extension agreement, it is necessary that the court must first find that the Guarantee Company was the principal obligor and debtor…
2Cases cited17 opinions
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Herd v. TuohyCalifornia Supreme Court · 1901
- Arnold v. . GreenNew York Court of Appeals · 1889
- Pratt v. ConwaySupreme Court of Missouri · 1899
- George v. AndrewsCourt of Appeals of Maryland · 1883
12 more not listed; retrieve them via the Exa API.