Gumm v. Ferguson
Oregon Supreme Court
From Umatilla: Gilbert Vvt. Phelps, Judge. Iu Banc. Statement by Mr. Justice Moore. This is an action by J. J. Gumm against Walter S. Ferguson, Jessie M. Ferguson, William Arthur Ferguson and Florence Ferguson to recover the amount of an alleged promissory note executed by the defendants to the plaintiff November 3, 1909, for $1,925, and payable in 30 days, with interest at the rate of 8 per cent per annum.
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From Umatilla: Gilbert Vvt. Phelps, Judge. Iu Banc. Statement by Mr. Justice Moore. This is an action by J. J. Gumm against Walter S. Ferguson, Jessie M. Ferguson, William Arthur Ferguson and Florence Ferguson to recover the amount of an alleged promissory note executed by the defendants to the plaintiff November 3, 1909, for $1,925, and payable in 30 days, with interest at the rate of 8 per cent per annum. The complaint is in the usual form, and avers, inter alia, that no payments had been made on account of the note, and that, as stipulated therein, $225 was a reasonable sum as attorney’s…
1Opinion of the CourtJustice Moore
1. No bill of exceptions has been brought up, nor does it appear that any request was made by plain*68tiff’s counsel for other or different findings than such as were made. In this condition of the record of the trial of the cause the only question to be considered is whether or not any competent testimony was received tending to support such findings: Flegel v. Koss, 47 Or. 366 (83 Pac. 847); Van de Wiele v. Garbade, 60 Or. 585 (120 Pac. 752); Walker v. Warring, 65 Or. 149 (130 Pac. 629).
2. It is admitted by the plaintiff as a witness in his own behalf, that prior to the commencement of this…
2Cases cited3 opinions
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Flegel v. KossOregon Supreme Court · 1906
- Walker v. WarringOregon Supreme Court · 1913