140 P. 437 | Or. | 1914
delivered the opinion of the court.
No bill of exceptions was settled or allowed, but a transcript of all the testimony given at the trial has been brought up, an inspection of which discloses that no objection was made or exception taken to any action of the court now assigned as erroneous. It is insisted that no evidence was produced tending to show that plaintiff was the owner or holder of the note; that the testimony conclusively establishes the fact that «the defendants were entitled to a credit of $1.80
The transcript shows that W. H. Markell, as a witness having identified the note sued upon, was asked, “Is that your signature on the back of it?” and replied: “Yes, sir; I assigned it to the bank. I wanted to use the money you know. Q. What have you .done with the. note? A. I put it in the bank at that time.” The court thereupon, addressing plaintiff’s counsel, said: “I will hear what the other side has to say to this. ’ ’
C. S. Andrews, one of the defendants, referring to the note sued upon, testified that it was executed in renewal of an old note given six months prior for an automobile. The witness then described the condition of the machine, saying that he had expended $97 in trying to repair it. He was then asked, “What about this oil you speak of?” The question probably related to the gasoline mentioned in the answer, for no statements had been made by Andrews in his testimony as to any oil. In answer to the inquiry, the witness said: “Mr. Markell agreed to fill the oil tank, and he went off to California the next morning, and didn’t fill it. I paid him for ten gallons of oil, in cash.”
E. Gould, who had repaired the automobile referred to, testified as to its condition, and, referring to its value, said: “Well, if I had the car for sale, and a man offered me cash for it, I would be tempted to take $250 for the car.” Gould having given further testimony as to the condition of the automobile, the defendant’s counsel remarked that the witness might then be cross-examined, whereupon the court stated: “Don’t
No objections having been made or exceptions taken to any action of the court, we conclude from an examination of the entire evidence given that the judgment is proper and should be affirmed.
It is therefore so ordered. Affirmed.