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AMORT v. TUPPER

204 Or. 279 (1955)

282 P.2d 660

AMORT v. TUPPER

Supreme Court of Oregon.

Affirmed as modified April 27, 1955.

Attorney(s) appearing for the Case

William K. Shepherd, of Portland, argued the cause and filed briefs for appellant.

John E. Walker, of Portland, argued the cause and filed a brief for respondent.

Before WARNER, Chief Justice, and ROSSMAN, LATOURETTE and PERRY, Justices.

AFFIRMED AS MODIFIED.

PERRY, J.

The plaintiff commenced a suit against the defendant to foreclose a chattel mortgage upon personal property situated in Clackamas county, Oregon, which mortgage was given to the plaintiff by the defendant to secure a promissory note in the original sum of $7,000.

The defendant admits the execution and delivery of the note and the chattel mortgage. He defends on the grounds of want of consideration and fraud, alleging...

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