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FIRST NATIONAL BANK OF OREGON v. PORTER

No. 77-2950-L-1; CA 14798.

608 P.2d 598 (1980)

45 Or.App. 415

FIRST NATIONAL BANK OF OREGON, a National Banking Association, Appellant, v. William E. PORTER, Respondent.

Court of Appeals of Oregon.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Hugh B. Collins, Medford, argued the cause and filed the briefs for appellant.

James T. Mulhall, Ashland, argued the cause and filed the brief for respondent.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, Chief Judge.

RICHARDSON, Judge.

This is an action by the payee of a promissory note against the maker of the note to recover the unpaid balance, interest and attorney fees. Defendant filed an answer admitting that he executed the note and delivered it to plaintiff, but denied personal liability on the note. Defendant pleaded an affirmative defense to the effect that he had been induced to execute the note because of a representation by plaintiff that it was an obligation of a...

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