Reports of Cases Decided in the Supreme Court of the State of Oregon Volume 2
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. 1906 edition. Excerpt: ...Under the provisions of these two sections of the Statutes of the State of Oregon, it is in the power of the judgment creditor to keep his judgment alive until it is discharged by payment, be that period long or short. Judgment reversed. GREEN B. SMITH, Appellant, v. LABAN CASE, Respondent. Appeal from Benton County. 1. Contract made on Sunday is void. 2. Effect of subsequent ratification, or subsequent contract. Smith, loaned to defendant Case, $300, for which Case executed and delivered his promissory note on Sunday; and on a week day he afterwards made a promise to pay plaintiff the money so received at the making of the note. The defendant demurred to the complaint, because it appeared that the note was executed on Sunday. The Circuit Court sustained the demurrer, and plaintiff appealed. Thornton & Kelsay, for appellants: 1st. Subsequent promise need not be in writing; no statute requiring it. Chiton Cont., 66; 9 Pick., 341.) 2d. The subsequent promise rendered the respondent liable on demand. Chit, on Cont., 445, note z; Id., 447; note h, 448, 789; note h; Story on Cont., paragraph 619; 8 Gray, 553; 10 Gush., 258; 2 Parsons on Cont., 262. "G" "H.") Thayer & Burnett and Strahan, for respondent: 4th. A note, executed on Sunday, being prohibited by stat tute, is void: 6 Watts, 231; 13 Met., 284; 16 Pick., 247; 13 Shipley, 464; 12 Met., 24; 7 Blackf., 479; 24 N. Y., 353; 10 Met., 363; and either party may show that fact: 5 Mass., 296. 5th. The new promise can give no original cause of action, if the obligation upon which it was founded could not have been enforced at law. (2 Sandf., 311; Edwards on Bills, 339; 1 Parsons Con, 361; 14 Wend., 97.) 6th. There was no consideration for the new promise, and none alleged....
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- 26 Jun 2012
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- Illustrations, black and white