Fassett v. Boswell
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action by Emma E. Fassett against Mrs. E. E. Boswell on a promissory note for $200; the note being in the usual form.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action by Emma E. Fassett against Mrs. E. E. Boswell on a promissory note for $200; the note being in the usual form. As a defense to the action, defendant denies the execution of the note, and any indebtedness to plaintiff, and alleges that, by means of threats of injury to defendant’s business and to her person, she was coerced into signing the note, and that the note was without any consideration, and was void. The circumstances surrounding the execution of the note were that defendant was the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1, 2. The plaintiff moved for a new trial on the grounds (1) that the evidence was insufficient to justify the ver*290diet, and (2) of newly discovered evidence. A motion to set aside a verdict for insufficiency- of evidence to sustain it is addressed to the sound discretion of the trial court, and cannot be assigned as error on appeal. State v. Foot You, 24 Or. 60, 70 (32 Pac. 1031: 33 Pac. 537); McCormick Machine Co. v. Hovey, 36 Or. 259 (59 Pac. 189); Houser v. West, 39 Or. 292, 395 (65 Pac. 82); Crossen v. Oliver, 41 Or. 506 (69 Pac. 308). And as there was no…
2Cases cited7 opinions
- State v. Foot YouOregon Supreme Court · 1893
- Giachetta v. MarquamOregon Supreme Court · 1893
- State v. HillOregon Supreme Court · 1901
- Crossen v. OliverOregon Supreme Court · 1902
- McCormick Machine Co. v. HoveyOregon Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Reed v. ScottSupreme Court of Oklahoma · 1915
- Muskogee Electric Traction Co. v. ReedSupreme Court of Oklahoma · 1913
- King v. DittoOregon Supreme Court · 1933
- Benson v. BirchOregon Supreme Court · 1932
4 more not listed; retrieve them via the Exa API.