Scott v. Platt

Decision Date06 April 1943
Citation135 P.2d 769,171 Or. 379
PartiesSCOTT <I>v.</I> PLATT
CourtOregon Supreme Court
                  See 13 Am. Jur. 851
                  See 14 Am. Jur. 454
                  1 C.J.S., Action, § 17
                  36 C.J.S., Federal Courts, § 277
                

Before BELT, Acting Chief Justice, and ROSSMAN, KELLY, LUSK, BRAND and HAY, Associate Justices.

Appeal from Circuit Court, Multnomah County.

CHARLES W. REDDING, Judge.

Action at law by Eueidas K. Scott against Robert Treat Platt to recover a personal judgment against defendant upon certain interest-bearing bonds executed by defendant and another. Trial before the court without a jury resulted in judgment for plaintiff, and defendant appeals.

AFFIRMED. REHEARING DENIED.

Wilber Henderson, of Portland (Platt, Henderson, Warner & Cram, of Portland, on the brief) for appellant.

W.J. Prendergast, Jr., and David Weinstein, both of Portland (Leo Levenson, of Portland, on the brief) for respondent.

This is an action to recover on four matured interest-bearing bonds executed under date of June 1, 1925, by Harrison G. Platt and the defendant and appellant, Robert Treat Platt. Both makers were sued, but only the defendant, Robert Treat Platt, was served with summons or appeared. Judgment in a trial before the court without a jury went against him, and he has appealed.

The bonds are in the following form:

"Number M 31 Number M 31

                               UNITED STATES OF AMERICA
                                    STATE OF OREGON
                                    PLATT BUILDING
                                    FIRST MORTGAGE
                              SIX AND ONE-FOURTH PER CENT
                             TWENTY YEAR SERIAL GOLD BOND
                

"HARRISON G. PLATT AND ROBERT TREAT PLATT, for value received, acknowledge themselves and each of themselves to be indebted to the bearer in the sum of

ONE THOUSAND DOLLARS

($1000.00), which sum the said Harrison G. Platt and Robert Treat Platt and each of them hereby promises to pay to bearer, or if registered, to the registered holder of this bond, at the office of Title and Trust Company in the City of Portland, Oregon, hereinafter called `Trustee', on the First day of June, 1936, together with interest thereon at the rate of Six and One-Fourth per cent per annum from June 1, 1925, payable semi-annually at the office of said Trustee in Portland, Oregon, on the First days of June and December of each year, upon surrender of the interest coupons hereunto attached as they severally mature.

"Both the principal and interest above mentioned are payable only in gold coin of the United States of America of the present standard of weight and fineness, or its equivalent in lawful money of the United States of America, without deduction for any tax or taxes or Governmental charges which may be imposed thereon by any present or future law of the United States of America, or any State, County or Municipality therein, and which...

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8 cases
  • Haberman v. Washington Public Power Supply System
    • United States
    • Washington Supreme Court
    • 8. Oktober 1987
    ...due. See, e.g., Guardian Depositors Corp. v. David Stott Flour Mills, Inc., 291 Mich. 180, 185, 289 N.W. 122 (1939); Scott v. Platt, 171 Or. 379, 391, 135 P.2d 769, 775, 137 P.2d 975 (1943). Bank of Cal. v. National City Co., 138 Wash. 517, 524, 244 P. 690, rev'd on other grounds on reh'g, ......
  • Scott v. Platt
    • United States
    • Oregon Supreme Court
    • 25. Mai 1943
  • Schuyler v. Haggart
    • United States
    • Oregon Supreme Court
    • 9. November 1960
    ... ... Ollschlager's Estate, 50 Or. 55, 59, 89 P. 1049; Oden v. Oden, 157 Or. 73, 76, 69 P.2d 967; Scott v. Platt, 171 Or. 379, 389, 135 P.2d 769, 137 P.2d 975; and 20 Am.Jur. 105, Judicial Notice, § 87. However, no objection was made and we are now ... ...
  • Thornton v. Johnson
    • United States
    • Oregon Supreme Court
    • 16. Mai 1969
    ...for certiorari would be granted.' Rowe v. Maine, Misc No. 342, 1960 Term, Aug. 25 1960 (Frankfurther, J.). Accord, Scott v. Platt, 171 Or. 379, 401, 135 P.2d 769, 137 P.2d 975 (1943).' 239 Or. at 582, 399 P.2d at 368. We consider that to be true in the instant Motion denied. ...
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