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Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 5)

Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 5)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876. Excerpt: ... Statement of Facts. JOHN COGSWELL, Respondent, V. JOHN H. HAYDEN, Appellant. Pleadings--Denial.--The allegation being that D. "made, executed and delivered " a promissory note, is not put in issue by an answer denying that he delivered it. Indorser.--It being necessary for the payee to indorse the note in order to make it negotiable paper, he must be treated as first indorser without regard to the time of his indorsement or the locality of his name on the note. Second Indorsee--Action By.--An action may be maintained by second indorser against first indorser for money paid on the note. Appeal from Lane County. This is an appeal from a judgment recovered at law. The complaint alleges that on May 28,1872, one William Davidson made, executed and delivered his promissory note to Hayden; that Hayden indorsed it and for value sold and transferred it to one William Barlow; that Cogswell indorsed it subsequent to Hayden; that said Barlow sold and delivered the note to John Rines; that Rines commenced an action thereon in the Circuit Court of Multnomah County and recovered judgment therein against appellant and respondent, for seven hundred dollars and more, gold coin; that execution was issued thereon, and respondent was compelled to pay three hundred and sixty-four dollars and fortysix cents, gold coin, and twenty-seven dollars and seventyfive cents currency; that respondent had filed a notice of said payment upon said judgment, and a claim for repayment, which had been duly entered by the clerk of said court on the margin of the docket where said judgment was entered. The appellant, for answer, denied that William Davidson delivered his promissory note to defendant for any sum; denied that said note was ever delivered to respondent; denied that appellant, for v...


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Product Details
  • ISBN-13: 9781150700941
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 216
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1150700947
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 395 gr


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