Templeton v. Lloyd
| Decision Date | 31 May 1911 |
| Citation | 59 Or. 50,115 P. 1067 |
| Parties | TEMPLETON v. LLOYD. |
| Court | Oregon Supreme Court |
Appeal from Circuit Court, Multnomah County; John B. Cleland, Judge.
Action by C.R. Templeton against Cecil B. Lloyd. From a judgment for plaintiff, defendant appeals. Affirmed.
On May 21, 1909, defendant executed to plaintiff a note, due in 90 days, for $2,000, with interest at 8 per cent., and a mortgage to secure the payment of the same upon one Stearns touring car, No. 1116. The note not being paid this suit was brought. The complaint sets forth the note and mortgage which were duly recorded.
J.F. Boothe, for appellant.
Ralph R. Duniway, for respondent.
The defendant admits the execution of the note and mortgage, but denies the note is due, and asserts that the note and mortgage were given to indemnify plaintiff on account of his signing a note of L.F. Templeton for the sum of $700, dated May 21, 1909, and that plaintiff has not paid such note. In regard to the transaction, plaintiff testifies: "I got the note for the transfer of an automobile, not this one, but another one to which I held the title, valued at $2,000." While defendant testifies in regard to the car for which the note and mortgage in question were given --it also appears that defendant, Lloyd, took title to the car for which the Thomas Flyer car, sold by plaintiff to defendant, was exchanged. Defendant also testifies that the chattel mortgage and note had nothing to do with the interest of $2,000 given L.F Templeton in the new car, and to the question, "And to insure L.F. Templeton the $2,000.00, you promised to pay for the Thomas Flyer machine?" replied: "That is what we started out on, but before we wound up it had nothing to do with this." L.F. Templeton, in reply to the query "And it is the same Thomas Flyer that C.R. Templeton held the legal title of for you?" answered in the affirmative, on cross-examination testifying as follows:
Without considering the nature or form of the answer, the evidence shows clearly that...
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