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KESTERSON v. CRONAN

87C-650378; CA A60680.

806 P.2d 134 (1991)

105 Or. App. 551

Carol KESTERSON, Personal Representative of the Estate of James A. Wilson, Deceased, Respondent, v. Michael CRONAN, Appellant.

Court of Appeals of Oregon.

Decided February 13, 1991.

Reconsideration Denied April 17, 1991.

Attorney(s) appearing for the Case

David Gernant, Portland, argued the cause for appellant. With him on the briefs was Alan H. Tuhy, Portland.

Carlton P. Loennig, Portland, argued the cause for respondent. With him on the brief was Barton & Loennig, Portland.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Defendant appeals from a judgment for plaintiff, as personal representative of James A. Wilson, deceased, for monthly payments due on defendant's promissory note to Wilson.1 The only issue on appeal is whether defendant proved his affirmative defense that he was the donee of a gift causa mortis, by which Wilson delivered the note to him with the intention that the balance due under the note be forgiven...

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