First National Bank v. Jamieson

Oregon Supreme Court

First National Bank v. Jamieson

128 P. 433, 63 Or. 594, 1912 Ore. LEXIS 269

Oregon Supreme Court·Decided December 17, 1912·Published·Cited by 1 cases

Opinion

Mr. Justice McBride

delivered the opinion of the court.

The memorandum amounted to a declaration of trust on the part of Wade, and being an exact counterpart of the one given to Mrs. Dunklee, made by the same impression of the instrument, and signed at the same time, it was as much an original as the one delivered to Mrs. Dunklee. It was a duplicate, and therefore admissible as an original. 17 Cyc. 517; Missouri Pac. Ry. Co. v. Heidenheimer, 82 Tex. 195 (17 S. W. 608: 27 Am. St. Rep. 861) ; State v. Allen, 56 S. C. 495 (35 S. E. 204) ; Nelson v. Blakely, 54 Ind. 29.

The judgment is affirmed.

Affirmed: Rehearing Denied.

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Mr. Justice McBride

delivered the opinion of the court.

The memorandum amounted to a declaration of trust on the part of Wade, and being an exact counterpart of the one given to Mrs. Dunklee, made by the same impression of the instrument, and signed at the same time, it was as much an original as the one delivered to Mrs. Dunklee. It was a duplicate, and therefore admissible as an original. 17 Cyc. 517; Missouri Pac. Ry. Co. v. Heidenheimer, 82 Tex. 195 (17 S. W. 608: 27 Am. St. Rep. 861) ; State v. Allen, 56 S. C. 495 (35 S. E. 204) ; Nelson v. Blakely, 54 Ind. 29.

The judgment is affirmed.

Affirmed: Rehearing Denied.

First National Bank v. Jamieson, 128 P. 433, 63 Or. 594, 1912 Ore. LEXIS 269 (Or. 1912).

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Opinion

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